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AMERICAN HERITAGE COLLEGE
URANCE ON FILE A-2020-194-23 K MAY PROCEED u IL INSURANCE EXPIRES ,,..LKK OF COUNCIL 9AiE; AGREEMENT FOR WORKFORCE TRAINING 0' G1DR hi( �ArvAye0+19THIS SUBAWARD AGREEMENT, made and entered into this Ist day of July, 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 American Heritage College, for -profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 104909814 ("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. hi 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. 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 maimer 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 continence 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. In 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. L 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 funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. 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 terns 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 stun 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 III. 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. 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 Page 7 of 17 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. Vl. 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, 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, Page 8 of 17 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 fimds 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: (a) No facility to be utilized in the perfonnance 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, Page 9 of 17 (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. Em llooyment 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 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. Page 10 of 17 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; naive 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 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. Page 11 of 17 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. CORPORATESTATUS 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; 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. Page 12 of 17 XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and 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. 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 Page 13 of 17 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: American Heritage College 1100 Town & Country Rd, Suite 1250 Orange, CA 92868 (714) 757-3937 abdi@mericanheritagecollege.com 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-2020-194-23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above -written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia K Carvalho City Attorney 0 City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency "CITY" By Kristine Ridge City Manager sy: �r � v-0- Name: a (3 p-r Title: C . O- Tax ID #: /� 0 — 2 6 1- WWI Page 17 of 17 EXHIBIT A & B Scope of Service & Course Cost a � i f COLLEGE SCHOOL CATALOG 2021-2022 American Heritage College 1100 Town & Country Rd, Suite 1250, Orange, CA 92868 714-280-4436 714-757-3937 wwwamericanheritagecollege.com STATE ENTO FSATISFACTORYACAD E M ICPROG RESS...............................................................................26 F I NA N C I AL I N F O RM AT I O N..................................................................................................................................................2 7 STUDENT'SRIGHTTOCANCEL..................................................................................................................27 CAN CELLATI O N/WITH D RAWALP ROCE D U RE ...........................................................................................27 REFUNDPOLICY.......................................................................................................................................28 TU ITI O N AN D F E ESCH E D U LE....................................................................................................................29 STUDENTTUITIONRECOVERYFUND(STRF)..............................................................................................30 FINANCIALSERVICES...............................................................................................................................31 STUDENTSERVICES................................................................................................................................................................32 CERTIFICATION.......................................................................................................................................32 American Heritage College programs do not lead to any positions requiring any licensure; however, student graduates are encouraged to seek certification/licensure/registration in some fields of study should they become eligible. Information on certification is available at the Placement Office.. 32 JOBPLACEMENTASSISTANCE...................................................................................................................32 STUDENTRECORDS RETENTIONANDRIGHTTO PRIVACY .........................................................................32 TRANSPORTATION..................................................................................................................................33 HOUSING................................................................................................................................................33 COMPLAINTPROCESS.............................................................................................................................33 ADM I N ISTRATIO NAN D FACU LTY..............................................................................................................34 SCHOOLCALENDAR................................................................................................................................35 American Heritage College Catalog Page 3 MISSION STATEMENT American Heritage College shall strive to provide the best training to individuals looking for an alternative to the traditional educational system; acquire the necessary skills to obtain employment in their chosen field or achieve their educational goals and realize their hopes and aspirations for a rewarding future. HISTORY American Heritage College was founded in 2006 as a California Limited Liability Corporation. NOTICEOFNON-BANKRUPTCY American Heritage College has no pending petition in bankruptcy, is not operating as a debtor in possession, has not filed a petition of bankruptcy within the preceding five years, and has not had a petition in bankruptcy filed against it within the preceding five years that resulted in reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 1101 et seq.)Law. NON-DISCRIMINATIONPOLICY American Heritage College does not discriminate on the basis of sex, age, race, national origin, creed, religion or handicaps that would not preclude employment or enrollment within their selected program area or in Admissions, Counseling, Training, Placement and Employment, or any other services. ARTICULATIONAGREEMENT American Heritage College Catalog Page 5 INTERNATIONALSTUDENTSPOLICYANDOTHERSERVICES American Heritage College does not provide visa services to International Students. It does not vouch for student status. International students and student applicants who are unable to understand the terms and conditions of the enrollment agreement due to English not being their primary language may request for language interpreters. American Heritage College shall avail of the services of its employees if available or engage the services of outside agencies solely for the interpretation of the enrollment agreement in the client's primary language. In addition, American Heritage College does provide classes for English As A Second Language. PROGRAM DESCRIPTIONS CERTIFICATEINBUSINESSMANAGEMENT 200 clock hours The Business Management course is designed to offer the individual training necessary to move confidently into the office environment. This course provides basic computer, marketing and management skills and business techniques required to get jobs ranging from Administrative Assistant, Secretary, Receptionist to Office Assistant or Assistant Business Managers or Business Management Coordinators and other office employment requiring basic computer, communications and management skills. Module Subject Clock Hours I —BIZ 222 Principles of Management 40 II-BIZ225 Marketing Principles and Practices 40 III -BIZ 250 Internet Technologies for Business 40 IV -BIZ 300 Interpersonal Communication Skills 40 V—BIZ310 Leadership and Management 40 Total Clock Hours 200 CERTIFICATE OF COMPLETION: American Heritage College awards the Certificate in Business Management to students who successfully complete all required courses. PROGRAM PREREQUISITES High School Diploma/GED/ATB. English Proficiency. CERTIFICATE IN BUSINESS MANAGEMENT COURSE DESCRIPTIONS American Heritage College Catalog Page 7 AGILE MANAGEMENT PROFESSIONAL 200 clock hours The Agile Management Professional program provides students a deeper understanding of the Agile Charter, project methodologies, estimating and planning, project execution, release and sprint planning, Risk Management, Value -Driven Delivery, Task and Kanban boards, Time boxing, User stories and Agile personas. Students learn the key terms associated with Agile Project Management and project management versatility, tools and techniques. Module Subject Clock Hours AP101 Agile Project Communications 50 AP102 Agile Estimation 50 AP103 Overview Soft Skills Negotiation 50 AP104 Agile Knowledge and Skills 50 Total 200 CERTIFICATE OF COMPLETION: American Heritage College awards The Certificate in Agile Management Professional to students who successfully complete all required courses. PROGRAM PREREQUISITES High School Diploma/GED/ATB. English Proficiency. Program recommends at least two years of demonstrable project management experience. AGILE MANAGEMENT PROFESSIONAL COURSE DESCRIPTION AP 101: Agile Project Communications Discussion on Agile Information radiator, Agile Team space, Agile tooling, Osmotic communications for collocated teams, Osmotic communications for distributed teams, Agile Daily stand -ups Agile Planning, Monitoring and Adopting, Agile Retrospectives, Agile task and Kanban boards„ Agile Time American Heritage College Catalog Page 9 PROJECT MANAGEMENT TRAINING PROGRAM 200 clock hours This course is a comprehensive study of Project Management principles and the body of knowledge. Students will learn about the five Process Groups and ten Knowledge Areas. The program will introduce participants to practical insights and techniques that can be applied in managing projects, introduction of total quality management, continuous improvement programs and the drive to radically redesign business processes, integrated view of project management, effective business communication skills, strategic or organization project management skills, recruitment and staffing concepts and techniques. Although certification is not required, completion of this program and meeting other academic and experiential requirements prepare the professionals who would like to obtain the Project Management (PMP) Professional certification. Module Subject Clock Hours PMP1 Project Management Concepts and Processes 10 PMP2 Process Framework 40 PMP3 Integration Management 10 PMP4 Scope Management 10 PMPS Time Management 10 PMP6 Cost Management 20 PMP7 Quality Management 20 PMP8 Human Resource Management 10 PMP9 Communications Management 10 PMP10 Risk Management 20 PMP11 Procurement Management 20 PMP12 Stakeholder Management 20 Total 200 CERTIFICATE OF COMPLETION: American Heritage College awards The Certificate in Project Management Professional to students who successfully complete all required courses. American Heritage College Catalog Page 11 CLASS SCHEDULE Monday - Thursday 9:00 am - 2:00 pm; 6:00 pm - 9:00 pm Monday - Friday 9:00 am - 2:00 pm Saturday & Sunday To be announced Online Open MEDICAL OFFICE MANAGEMENT 200 clock hours The Medical Office Management program provides students training in all areas necessary for medical office management, including terminology, records management, and ethical issues. Students enrolled in this course will gain knowledge of Medical Terminology and understand the language of medicine as it relates to the primary body systems, principles and procedures used in Records Management including paper and EMR (Electronic Medical Record) and EHR (Electronic Health Record) in addition to hands-on applications and various software programs; legal and ethical issues in healthcare will be covered including HIPAA Compliance and Privacy Rules, Fraud and Abuse. Concepts relating to effective communications will be included. Instruction includes insurance coverage types (government programs including Medicare, Medicaid, HMO, PPO, Workers' Compensation and private payers), insurance vocabulary, claim processing and the revenue cycle. Physician documentation guidelines and medical record content will be discussed and the correlation to procedure (CPT/HCPCS) and diagnostic (ICD-10) code selection required for reimbursement. Module Subject Clock Hours MED1 Medical Terminology 40 MED2 Records Management, EMR/EHR, Office Procedures 100 MED3 Medical Insurance Billing and Coding 20 MED4 Healthcare Software Applications 40 Total 200 CERTIFICATE OF COMPLETION: American Heritage College awards the Certificate in Medical Office Management to students who successfully complete all required courses. PRE -REQUISITES High School Diploma/GED/ATB. English Proficiency. Program recommends students to have basic computer skills. MEDICAL OFFICE MANAGEMENT COURSE DESCRIPTIONS MED1 Medical Terminology: Students learn the structure of medical terminology, word parts, primary body system and structures, clinical and diagnostic procedures, pathological conditions, surgical procedures, and medical abbreviations. American Heritage College Catalog Page 13 HUMAN RESOURCES MANAGEMENT' 200 clock hours The Human Resources Management program is a comprehensive study of human resources management which equips students with management concepts and strategic applications, workplace health and safety regulations, and workforce planning. Students will learn the historical perspective of the profession, management concepts and strategic applications, workplace health and safety regulations and workforce planning. Although certification is not required, with additional academic preparation and experience, the program provides training to professionals seeking to obtain a Professional in Human Resources (PHR) or Senior Professional in Human Resources (SPHR) certification. Module Subject Clock Hours HRM101 Introduction to the Strategic Role of Human Resources in Organizations 25 HRM102 Workforce Planning and Employment 50 HRM103 I Human Resource Development 50 HRM104 Compensation and Benefits 25 HRM105 Employee and Labor Relations 25 HRM106 Risk Management 25 Total 200 CERTIFICATE OF COMPLETION: American Heritage College awards The Certificate in Human Resources Management to students who successfully complete all required courses. PREREQUISITES High School Diploma/GED/ATB. Program recommends at least two years of professional work experience. HUMAN RESOURCES MANAGEMENT COURSE DESCRIPTION HRM 101: Introduction to the Strategic Role of Human Resources in Organizations Discussions on the introduction of the evolving role of the Human Resources Professional, Human Resources Business Management Skills and Strategic Planning Process HRM 102: Workforce Planning and Employment Discussions on the Key Legislation affecting employee rights, Gender discrimination and harassment in the workplace and organizational staffing requirement HRM 103: Human Resource Development American Heritage College Catalog Page 15 desiring to enter the field. This course will provide a general survey of the theories and contemporary practices in the process of public and private administration. In addition to traditional topics in the field of personnel management, such as recruitment and placement, training and development, compensation and performance appraisals, the course will also focus on techniques for motivation, productivity and creativity associated with individual and organizational effectiveness. Module Subject Clock Hours 1 Introduction to Human Resources 40 lI Introduction to Human Resources/Accel 40 III Wage, Salary & Benefits Admin 40 IV Labor Relations 40 V Employment Law 40 Total Hours 200 CERTIFICATE OF COMPLETION: American Heritage College awards the Certificate in Human Resources Technician to those who complete all the required courses for the program. PROGRAM PREREQUISITES High School Diploma/GED/ATB. English proficiency. CERTIFICATE IN HUMAN RESOURCES TECHNICIAN COURSE DESCRIPTIONS HRT 115 Introduction to Human Resources : Topics include: the nature of human management, strategic human resource planning, issues in human resources, planning, equal employment opportunity, analyzing and staffing jobs, training and developing human resources. HRT 120: Introduction to Human Resources/Accel.: Introduction to Human Resources scheduled in accelerated format. HRT 122: Wage, Salary & Benefits Admin.: Topics include: Basic systems and plans of compensating employees, incentives and executive compensation, principles and techniques in the administration of employee benefit programs. HRT 150 Labor Relations : Topics include employee rights and discipline; union -management relations; collective bargaining and grievance management; and assessment systems. HRT 155: Employment Law : Topics include: unemployment compensation laws; workers' compensation laws; hiring and firing practices; sexual harassment in the workplace; the Americans with Disabilities Act; and labor law basics under the National Labor Relations Act. Course examines current "black letter law' together with case decisions. Content is appropriate for persons whose career plans involve employee management. CLASS SCHEDULE Monday - Thursday 9:00 am - 2:00 pm; 6:00 pm - 9:00 pm Monday - Friday 9:00 am - 2:00 pm Saturday & Sunday To be announced Online Open American Heritage College Catalog Page 17 VIRTUALIZATION & CLOUD COMPUTING 200 clock hours The Virtualization & Cloud Computing program targets professionals from all fields who want to update their skills to include rapidly developing technology. This is a specially designed, hands-on training course. It explores installation, configuration, and management of VMware® vSphereTM , which consists of VMware ESXTM /ESXi and VMware vCenterTM Server. The program is geared toward professionals from all fields who are generally familiar with IT environments and are interested in learning a rapidly developing technology, analyze cloud principles used in cloud computing and evaluate cloud -based services, analyze techniques and methods of cloud deployment; install and configure the virtualization server platform and install, configure and manage virtualized clients, storage technologies and storage configuration. The program intends to provide training for proficiency in network optimization using network protocols, ports, and topologies. Module Subject Clock Hours 1 Course Introduction 10 2 Introduction to VMware Virtualization 10 3 VMware ESX and ESXi 10 4 VMware vCenter Server 10 5 Networking 20 6 Storage 10 7 Virtual Machines 10 g High Availability 10 9 VMware vCenter Convertor 10 10 VMware Clustering and High Availability 10 11 DRS Configuration and Management 10 12 Patch Management 10 13 Installing VMware ESX and ESXi 20 14 Access Control and Management 10 15 Resource Management 20 16 vSphere Command -Line Interface 10 17 Data Protection 10 Total Hours 200 CERTIFICATE OF COMPLETION: American Heritage College awards the Certificate in Virtualization & Cloud Computing to those who complete all the required courses for the program. PRE-REQUISITIES American Heritage College Catalog Page 19 Discussions on Introduction of Access Control system in VMware vSphere. Students learn to Create/ Manage user/groups, privilege, and Integration with Windows Active Directory. Module 15: Resource Management: Discussions on Virtual CPU and Memory Concepts, managing Resource Pool, monitoring resources, and using Performance Graphs and Alarms. Module 16: vSphere Command -Line Interface: Discussions on Introduction/Installation of vCLI and Introduction to VMware Command Line Tools and interface. Module 17: Data Protection: Students learn to install and configure VMware Data Recovery (vDR) for Backuphumongous ,Backup/Restore Virtual Machine using VMware vDR, Backup/Restore Virtual Machine using third party Tools/Virtual Appliance. CLASS SCHEDULE Monday - Thursday 9:00 am - 2:00 pm; 6:00 pm - 9:00 pm Monday - Friday 9:00 am - 2:00 pm Saturday & Sunday To be announced Online Open CERTIFICATE IN ENGLISH AS A SECOND LANGUAGE (ESL) This program is designed to teach English to adult learners who wish to study independently or with an English-speaking friend. The language orientation of the program is toward International English and is designed to prepare students to use the language in a variety of situations and circumstances. Some units feature English speakers with different accents, both regional and global. Graduates of the program may enter jobs requiring English proficiency and offers TOEFL preparation to those who may seek entry into higher level of education. American Heritage College Catalog Page 21 American Heritage College reserves the right to make program changes and/or adjustments including curriculum, equipment, teaching materials and books, as necessary, to remain current with industry standards and advancements in technology. Any changes in tuition will not affect those students already enrolled. CLOCKHOURSYSTEM American Heritage College has adopted the Clock Hour System. A clock hour is defined as a period of sixty (60) minutes with a minimum of fifty (50) minutes of instruction, recitation, laboratory or other academic related work. NOTICE CO NCERNINGTRANSFERAB ILITYOFCREDITSANDCRED ENTIALSEAR NED The transferability of credits you earn at American Heritage College is at the complete discretion of an institution to which you may seek to transfer. Acceptance of the certificate/diploma you earn in the educational program is also at the complete discretion of the institution to which you may seek to transfer. If the credits or diploma that you earn at this institution are not accepted at the institution to which you seek to transfer, you may be required to repeat some or all of your coursework at that institution. For this reason you should make certain that your attendance at this institution (American Heritage College) will meet your educational goals. This may include contacting an institution to which you may seek to transfer after attending American Heritage College to determine if your credits or diploma will transfer. Students are advised that American Heritage College has not entered into an articulation or transfer agreement with any other college or university for the purpose of accepting transfer of credit. Upon receipt of a student's written request to transfer out, American Heritage College will offer guidance regarding the transfer process. Assistance may include, but is not limited to, providing the student an official transcript, syllabi, and/or course outlines/descriptions. FACILITIES American Heritage College is an onsite (on campus ) and online school located in the city of Orange. The campus has classrooms, conference facilities and administrative offices. The modern facilities are air- conditioned and fully carpeted and meet all applicable city occupancy and fire safety codes. The facilities are designed to accommodate classes of 20-25 students per session. American Heritage College provides student parking and is accessible by public transportation. American Heritage College Catalog Page 23 termination altogether. The executive committee will decide the penalty after meeting with the student as to why satisfactory absences policy was violated. D. Make-up work: Students must make arrangements to make-up course work with the instructor, however, absences will remain on record. ONLINE ATTENDANCE To be successful in the online programs, student must actively participate and be engaged in class and class activities. Students are required to attend class and participate just as if they were in a face-to-face course. This means that instructors set up guidelines for how much each topic, each lecture, reading assignment, discussion, project, presentation qualifies as a meeting during the course of a module/week. Students must demonstrate participation in class by contributing to an on-line discussion, submitting assignments, viewing and/or completing a tutorial. Projects, quizzes, homework and examinations must be completed at scheduled time to meet satisfactory attendance. LEAVEOFABSENCE Students may apply for a Leave of Absence (LOA) only in case of serious illness, death in the family, or other emergency circumstances. Written request are reviewed on an individual basis and must be approved by the Executive committee. Only one written request for a leave of absence will be considered during any twelve (12) month period. A LOA not to exceed thirty (30) calendar days (or up to sixty (60) calendar days for verified medical leave) will be granted for verified emergencies. Students who fail to return to class as scheduled following a LOA, will be withdrawn from the program. Any Students making regularly scheduled tuition payments to the school remain under that obligation during a leave of absence. STUDENTCONDUCT Students attending American Heritage College are expected to treat all personnel, other students, and the premises with consideration. Graffiti on walls, equipment or furniture is not tolerated. Smoking, eating, visiting are not permitted in the classrooms. At the discretion of the Executive committee, students may by suspended or terminated from school for any of the following reasons: cheating; serious incident of an intoxicated or drugged state of behavior; possession of drugs, alcohol, or weapons on school premises; behavior creating a safety hazard to other persons at the school; disobedient or disrespectful behavior to another student, a staff, or faculty member; or any other determined infraction of conduct. GRADINGANDPROGRESSSYSTEM American Heritage College Catalog Page 25 In order to graduate, American Heritage College requires that all students complete 100% of all classroom and practical/laboratory instruction in a prescribed course, and discharged all financial obligations to the school. Students completing these requirements will receive a diploma in their program of study. California statute requires that a student who successfully completes a course of study be awarded a Diploma/Certificate of Completion. FINANCIALINFORMATION STUDENT'SRIGHTTOCANCEL A student has the right to cancel the enrollment agreement at the first class session, or the seventh day after enrollment, whichever is later. After the end of the cancellation period, he/she also have the right to stop school at any time and have the right to receive a refund in accordance with the School Refund Policy. A withdrawal may be effectuated by the student's written notice or by the student's conduct including but not necessarily limited to, a student's lack of attendance. Enrollment shall not be cancelled unless cancellation is effectuated in accordance with the following: a) Signed and dated Notice of Cancellation Form obtained from the American Heritage College Administration Office OR b) Personally written Notice of Cancellation containing the following: student name, address, telephone number and the intent not to be bound by the enrollment agreement c) Delivery of the Notice of Cancellation to the American Heritage College Admissions Office. The school shall refund 100 percent of the amount paid for institutional charges, less the registration fee of $100.00 if notice of cancellation is made through attendance at the first class session, or the seventh class day after enrollment, whichever is later. When a student withdraws after the 7-day period, all tuition fees shall be refunded on a pro-rata basis, less a registration fee not to exceed $100. Students who have completed 60% or less of the program shall have a pro-rata refund. If the school closes before the student graduates, he/she may be entitled to a refund. Contact the Bureau For Private Postsecondary Education at the address and telephone number printed below for information. Bureau for Private Postsecondary Education (BPPE) at 2535 Capitol Oaks Drive Suite 400, Sacramento CA 95833, wwwbppe ca gov toll -free telephone no (888)370-7589 CANCELLATION/WITHDRAWALPROCEDURE Student may cancel enrollment at the first class session, or the seventh class day after enrollment, whichever is later. American Heritage College Catalog Page 27 TUITIONANDFEESCHEDULE All tuition and fees are due on and are payable no later than the first day of classes unless prior financial arrangements have been made with the Financial Planning Department. A variety of payment options is available for students. American Heritage College operates on clock -hour basis in all its programs. Below is the list of tuition and fees for each program. STRF and Registration are non-refundable fees. Program Tile clock Tuition Educationa SERF* Registratio Total Hours 1 materials n* Business Management 200 $5,200.0 $600.00 $0 $100.00 $5,900.0 0 0 Agile Management Professional 200 $6,200.0 $600.00 $0 $100.00 $6,900.0 0 0 Project Management Training 200 $6,200.0 $600.00 $0 $100.00 $6,900.0 Program 0 0 HR Management 200 $6,200.0 $600.00 $0 $100.00 $6,900.0 0 0 Human Resources Technician 200 $5,200.0 $600.00 $0 $100.00 $5,900.0 0 0 Medical Office Management 200 $7,200.0 $600.00 $0 $100.00 $7,900.0 0 0 Virtualization & Cloud 200 $6,200.0 $600.00 $0 $100.00 $6,900.0 Computing 0 0 English as a Second Language 75 $1,300.0 $500.00 $0 $100.00 $1,900.0 0 0 ESL (Beginning) 360 $4,000.0 $800.00 $0 $100.00 $4,900.0 0 0 ESL (Intermediate) 360 $4,000.0 $800.00 $0 $100.00 $4,900.0 0 0 ESL (Advanced) 360 $4,000.0 $800.00 $0 $100.00 $4,900.0 0 0 * STRF and Registration Fees are non-refundable American Heritage College Catalog Page 29 FINANCIALSERVICES American Heritage College administers its finance programs in accordance to prevailing federal and state laws and its own institutional policies. Students are responsible for providing all requested documentation in a timely manner. Failure to do so could jeopardize the student's financial assistance eligibility. In order to remain eligible for financial assistance, a student must maintain satisfactory academic performance. All tuition and fees are due on and are payable no later than the first day of classes unless prior financial arrangements have been made with the Finance Office. A variety of payment options is available to students. American Heritage College does not participate in any federal financial aid programs. If a student obtains a loan to pay for an educational program, the student will have the responsibility to repay the full amount of the loan plus interest, less the amount of any refund, an that if the student has received federal student financial aid funds the student is entitled to a refund of the moneys not paid from federal student financial aid program funds American Heritage College has financial options to assist you in financing the cost of your training. These include partial scholarships, government funds, and employer -reimbursements, private financing and in-house payment plans. American Heritage College participates in government programs such as Workforce Innovations and Opportunity Act (WIOA), Employment Training Provider (ETP), Veterans Administration (VA) and various work source and one -stop agencies to help you find effective means of managing the cost of your education. For private financing, employer reimbursements and payment plans, please see the College Finance Officer. American Heritage College Catalog Page 31 and only such agencies or individuals authorized by law are allowed access without written permission of the student. State of California requires the school to maintain these records for a minimum of five years from the date the student graduates, withdraws or cease to be enrolled. Official transcripts of records are maintained by the school. Student may request a review of their records by writing to the Director of the School. All such reviews will be scheduled during regular school hours under appropriate supervision. TRANSPORTATION Public transportation is available with stops located close to the campus. HOUSING American Heritage College does not have any housing or dormitory facilities under its control and is not responsible for providing assistance on housing or accommodation to its students or staff, however, the College is close to several housing complexes and apartments with a monthly costs ranging from $900-1200/studio to 1 bedroom. COMPLAINTPROCESS Students wishing to discuss any problems or complaints that they may have are free to discuss them with their instructors. In cases where the instructors cannot help the student, he/she is encouraged to talk to the Director of Education. If the Director of Education is unable to assist the student then an appointment can be made with the School Director to discuss any complaint. The School Director will investigate the complaint thoroughly including interviewing of all people and review of all documents pertinent to the complaint. A record of the complaint will be kept in the student's file and in the complaint log. Resolution to the complaint will be completed within 10 days. A student or a member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling (888)370-7589 or by completing a complaint form, which can be obtained on the bureau's internet website www.bppe.ca.gov. American Heritage College encourages any student or the public who has a grievance to give the institution the opportunity to resolve the issue(s). American Heritage College Catalog Page 33 Jeanetta Ayala, BCJ, MBA, Masters in HR Management SohaylaMeknat,BSEE, PMP William Vega, PhD Martin Yousef, EdD Michael Morris, MBA Vijay Pilly, BSEE Reza Tashroudi Tony Babaian, PE Bessie ParagasValmores, B.S. Psycho, B.S.MT, MA. DISCLAIMER: American Heritage College reserves the right to make changes to the content of the programs listed in this Catalog in order to reflect changes in current business environments. AHC fees and tuition prices are subject to change according to each academic year. SCHOOL CALENDAR American Heritage College holds classes on weekdays. Classes start weekly and a schedule of start dates for each program will be issued by the registrar upon request. Classes are not scheduled on the following holidays/breaks: 2016/2017 American Heritage College Catalog Page 35 "., Employment INFORMATION N T 1 Development NOTICE 1„�. O Department Date: June 4, 2020 Number: WSIN19-48 s_t a t_c_ o f C a l i f° r_n i s Expiration Date: 07/04/2020 STATE NEGOTIATED PERFORMANCE GOALS PY 2020 and 2021 The Workforce Innovation and Opportunity Act (WIOA) Section 116(b) requires the state to reach an agreement with the US Department of Labor (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 Peyser Employment Rate 2nd Quarter After Exit 67.0% 71.9% 71.0% 61.4% (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% 50.0% 56.4% N/A 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 EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Page 1 of 2 50:187 EXHIBIT C • How the levels involved compare with the negotiated levels of performance established for the state. • Ensure that the negotiated levels account for the economic conditions and the participant characteristics based on the SAM. • 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 wsbmanageperformance@edd.ca.gov. /s/ JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Page 2 of 2 M 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. of Certifying Official Signature r Program Ti#le !9ertifficatigI3 Regard.ing Dr a -Free Workl2lace Reguirennents 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. A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (t) Taking one of the following actions, within 30 days of receiving notice EXHIBIT E 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 rev' ed dace of�1 ff Performance" form, 1 // /! 1/ t'` g) h ! Date Program DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: e,,%,. Name of Contractor: b Contractor Number: Date:------4�� 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): u/M 11�()r/� 1/' Address ' � �'Te 1 � Cer ifiggtion Reeardine Debarment. Susnensiop Ineligibility and Voluntary Exclusion Lower Tier Covered TWsaetions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16,1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant Is unable to certify to any of the statements in this certification, such prospective part(clpant shall attach an explanationp this proposal. , A Bpj- L aj2NA ��_ Ze.- -�). Name and Title of Official Authorized to Certify on Behalf of the Grantee Date INSTRUCTION FOR CERTIFICATION EXHIBIT F 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. g. 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. S. 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. #� TUMM Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ann 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 n read and are providing assurance you are or will be in compliance with thefollowingr l I SAWDB uses the CalJOBs ETPL Module for accepting applications from the providers to be Listed 11 �' 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 CalJOBS. 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. V AWDB has authorized the South Bay WDB to make initial and subsequent eligibility eterminations for applications submitted from providers. Contractors should contact the South Bay WDB 11539 Hawthorne Blvd., 51 Floor, Hawthorne, CA 90250, 310-970-7700, CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and SAWDB agreement. n 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. Localboards may establish local policies requiring performance above the state minimum standards "���"'������"""""" for providers to be included on the ETPL. Acceptance and processing of an application does not constitute an agreement or relationship t(IC between the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB. Applications will be process on an ongoing basis. VCONTRACTOR 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. A/ CONTRACTORS must also meet one of the following criteria in artier to have their programs listed on the ETPL: EXHIBIT G At 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.acc'c.orp/ or www wasesenior.ora/. 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. S) Approval by the Chancellor's Office of the California Community Colleges (CCCCO). CONTRACTOR must reapply to be considered for subsequent approval on the ETPL and agrees to ✓✓✓✓✓✓ provide the required performance and cost information data. /} 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 QCA ETPL. (' CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the Performance Pact Sheet) to document their achievement of the performance criteria if applicable. 'jLL Training on the ETPL must be for occupations in in -demand industry sectors identified by the state, regional or local workforce development boards. % All Training on the ETPL Hurst 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. 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 / t V ETPL for audit or monitoring purposes by the SAWDB or the State EDD office. hCKONTRACTOR that claim an exemption to BPPE Section 44874 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. A`' CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may verity the data that was submitted to BPPE. �' All new and current CONTRACTOR will be required to be registered in CaiJOBS'm and must have all considered training programs listed with the BPPE match on CaIJOBS. 2 EXHIBIT it AAll 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 TPL. f] 'I 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 /7 an changes in the information submitted with initial agreement. At'CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORK Center on an individual referral basis. /ccCONTRACTOR shall not accept nor enroll WIOA participants who do not meet the ONTRACTOR'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. ' jCONTRACTOR agrees to assist the WIOA client in applying for PBLL Grants and any other funds that might be available to offset the cost to WIOA and to work together with the W1OA 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 CONTRACTOR agrees to cross out sections of the student enrollment a rg eemept that would hold the WIOA participant financially responsible for any training related expenses. Once accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on .I the Vendor Voucher and no other. CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for I4 w third agalty testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that time. #,.Ivapprenticeship Pre-Apprenticeship CONTRACTORS must include a letter of commitment from an approved 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.). RACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA) or�/ONT 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 the corresponding program remains registered, as described at WIOA sec. 122(a)(3), CONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and e Department of Labor, the WIOA client and any of their duly 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 RXHIBIT 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 WIOA participant. (� f CONTRACTOR agrees to provide nroaress reports which indicate grades and test scores, as well as t 'c• gttpndance 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 A. 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. Sold check to be mailed to the attention of the WIOA Case Manager, $01 W Civic Center Dr., #200, Santa Ana, CA 92701. CNTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate completion or diploma or official transcripts within 10 working days of the date of completion or 14 raduation. n CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement 1/�' 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 W 10A client's first day of employment. A WIOA client has 180 days after completing training to j� l t a.- job for the CONTRACTOR to get credit for placement in employment. "F! "am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner I this agency or business to submit this proposal. CONTRACTOR is not currently on any Federal, State of California, or local Debarment list. CONTACTOR will provide records to show that we are fiscally solvent, if needed. Ji ,ZCONTRACTOR 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. --CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone. 11 �, CONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These inclu e, but are not limited to: /RK cords accurately reflect actual performance if applicable. intain record confidentiality, as required. „ Reporting financial, participant, and performance data, as required. 4 F,XHIBIT G / A'1 /Comply with State and Federal fiscal and program activity audits. .eA omplying with Federal and State non-discrimination provisions. jj eeting requirements of Section 504 of the Rehabilitation Act of 1973. ecting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. (j f� VAgree, 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. tt� Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part- time employees) X(.:M1f' Procurement policies and procedures are in place and meet federal guidelines. CONTRACTOR w111 not; AUse WIOA money to assist, promote, or deter union organizing. A_, Vase 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 lAy xfor sectarian instruction or religious worship. A, Use WIOA money under this contract to purchase any equipment. 5 EXHIEIT G ,�f COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy 2. Civil .19 3. Nondiscrimination laws under WIOA 4 4. How to File Your Complaint 5 B. Criminal Complai 0 II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA IV. Procedures for Handling Complaints at the State 9 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA TERMS 20 2 EXHIBIT H Information Regarding Complaints 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 non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce 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 Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your 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 Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act of 1973 EXHIBIT H 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 VI of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: s EXHIBIT H Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE 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 WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA 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 WIOA participants, sub EXHIBIT H 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 WIOA 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: 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 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. 1 W3:II-1112:1 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) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 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. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints 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 WIOA 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; EXHIBIT 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 EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana 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 the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. so EXHIBIT H 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. 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. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 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. C. 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. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 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 followed 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 closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana 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 EXHIBIT H 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. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the 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 13 EXHIBIT H If no decision has been issued at the LWDA 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. 2. 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: Full name, address, and telephone number of the LWDA 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, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. 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 for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 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). 15 EXHIBIT H PROCEDURES FOR HANDLING NON -CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWDA decision should have been issued. Handling of complaints filed at LWDA level arising in connection with WIOA programs operated by LWDAs Informal Resolution Process N Unsatisfactory Decision or LWDA Decision not issued within 60 days o Request for State Review F- w Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT H 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. 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 VI. Procedures for Handling Disability Complaints by 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. 1. 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 Ana 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 The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. v EXHIBIT H 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana 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 decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT H (PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY No later than 180 days of alleged discrimination Filed within 30 days of LW DA/State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis of Disability with LWDA Informal Resolution o If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted LWDA Decision o Unsatisfactory Decision or No Decision o State Review Governor's Decision Appeal to Assistant Secretary Department of Labor Day 1 Day145 Day 60 Days 19 EXHIBIT H GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under 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 (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — 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. 20 EXHIBIT H 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) Be and (2) Who is receiving subsidized employ m 2s EXHIBIT H Ejhjubmmz!tjhofe! DATE(MM/DD/YYYY) cz!Bohjf! Bohjf! CERTIFICATE OF LIABILITY INSURANCE 03/10/22 Bdfwfep! 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 Ebuf;!3133/14/24! Bdfwfep BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 32;1:;22!.18(11( IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX PHONE Privilege Insurance Services, Inc (714) 505-4031 (714) 505-4030 (A/C,No,Ext):(A/C,No): E-MAIL 14451 Chambers Rd., Suite 220 PrivilegeIns@yahoo.com ADDRESS: Tustin, CA 92780 INSURER(S) AFFORDING COVERAGENAIC # 0E40869 THE HARTFORD CASUALTY INSURANCE COMPANY INSURERA : 1 1 0 0 0 THE HARTFORD CASUALTY INSURANCE COMPANY INSURED 3 4 6 9 0 247 CLASSROOM, LLC.INSURERB : DBA: AMERICAN HERITAGE COLLEGE INSURERC : 6080 CENTER DRIVE, SUITE 600 INSURERD : LOS ANGELES, CA 90045 INSURERE : INSURERF : COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: THISIS TO CERTIFYTHATTHEPOLICIESOFINSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBED HEREIN ISSUBJECTTOALL THE TERMS, EXCLUSIONSAND CONDITIONS OFSUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS. INSRADDLSUBR POLICYEFFPOLICYEXP TYPEOFINSURANCELIMITS POLICYNUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY X EACHOCCURRENCE$ 1,000,000 DAMAGETORENTED CLAIMS-MADE X OCCUR$ PREMISES(Eaoccurrence) 1,000,000 MED EXP (Any one person)$ 10,000 57 SBA RI5725 SC 11/20/2111/20/22 PERSONAL& ADV INJURY$ EXCLUDED A Y GEN'LAGGREGATELIMITAPPLIESPER:GENERALAGGREGATE$ 2,000,000 PRO- X POLICYLOCPRODUCTS- COMP/OP AGG$ 2,000,000 JECT $ DEDUCTIBLE 0 OTHER: COMBINEDSINGLELIMIT AUTOMOBILELIABILITY$ (Eaaccident) BODILYINJURY(Perperson)$ ANY AUTO ALLOWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOSAUTOS NON-OWNEDPROPERTYDAMAGE $ HIREDAUTOS AUTOS(Peraccident) $ UMBRELLALIAB EACHOCCURRENCE$ OCCUR EXCESSLIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION $ PEROTH- WORKERSCOMPENSATION X STATUTEER ANDEMPLOYERS'LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 57 WEC DD8837 03/28/2203/28/23 1,000,000 E.L.EACH ACCIDENT$ N / A B OFFICER/MEMBEREXCLUDED? Y 1,000,000 (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE$ Ifyes,describeunder 1,000,000 E.L.DISEASE- POLICY LIMIT$ DESCRIPTIONOFOPERATIONSbelow DESCRIPTIONOF OPERATIONS /LOCATIONS / VEHICLES (ACORD101,Additional Remarks Schedule, may beattached if morespace is required) CITY OF SANTA ANA -its officers, employees, agents, volunteers, and representatives are named as additional insured. 30 day notice of cancellation for non-payment of premium. CERTIFICATEHOLDERCANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE City of Santa Ana THEEXPIRATIONDATETHEREOF,NOTICEWILL BE DELIVEREDIN Risk Management Division ACCORDANCEWITHTHEPOLICYPROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZEDREPRESENTATIVE ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01)TheACORDnameandlogoareregisteredmarksof ACORD QPMJDZOVNCFS;DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 68TCBSJ6836 DH!31211524 UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!!QMFBTF!SFBE!JU!DBSFGVMMZ/ BEEJUJPOBM!JOTVSFE!.PXOFST-!MFTTFFT!PS! 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