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HomeMy WebLinkAboutACCOUNTING ANNEX, THEISURANCEON FILE A-2020-194-33 WORK MAY PROCEED UNTIL INSURANCE EXPIRES toI31/22 CLERK OF COUNCIL DATE: AGREEMENT FOR WORKFORCE TRAINING O: CD (Sandgeparba%(Dz)t THIS SUBAWARD AGREEMENT, made and entered into this I` day of July, 2022, 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 N The Accounting Annex Inc a for -profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 071041714 ("CONTRACTOR") RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("WIOA" or "the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation. Under WIOA, participants in need of training services may access career training through a list of state -approved schools and their training programs. D. In addition to WIOA, the CITY received funding from the Orange County Social Services Vocational Training grant funded through the California Work Opportunity and Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with children ("CalWORKS" or "SSA"). An important component of CalWORKs 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 I of 17 H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to Qualified Participants upon the request of the City. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. In compliance with all of the terms and conditions of this Agreement, CONTRACTOR shall provide the Contractor's Services, as authorized by the City's Representative. Contractor represents and warrants that Contractor's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the City's Workforce Training Program. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in this Agreement. C. CONTRACTOR acknowledges and agrees that City shall request that Contractor provide the Contractor's Services on an "as requested" basis and that City does not guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be requested and required under this Agreement. Contractor acknowledges and agrees that Contractor shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder unless and until Contractor receives a Notice to Proceed from the City authorizing the provision of Contractor's Services to that particular Qualified Participant. Contractor further acknowledges and agrees that this Agreement and any request for the provision of services hereunder is nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services. D. Time is of the essence in the performance of this Agreement. CONTRACTOR shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. Contractor shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that CONTRACTOR has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. E. Scone 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 Page 2 of 17 workforce training, including a copy of the course description, executed by the Executive Director 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. CONTRACTORS 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 CONTRACTOR's 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 K 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 continence training prior to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as applicable. Page 3 of 17 L. CONTRACTOR agrees to the following accounting, monitoring, auditing, 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. Page 4 of 17 O. If funding is through WIOA, CONTRACTOR shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. If funding is through WIOA, CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drag -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 Act or 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 Page 5 of 17 19, 2008. 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 finds. When the America's Job Center logo is used, CONTRACTOR may accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the America's Job Center network". CONTRACTOR shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On July 1, 2020 the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act grant of $1,260,082.00 for fiscal year 2020-2021. In addition, on July 1, 2020, the CITY was awarded an Orange County Social Services Vocational Training grant through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total amount of $1,677,928.00 for fiscal year 2020-2022. A portion of both grants in a total amount not to exceed $2,000,000.00 shall be available to all Qualified Contractors to provide workforce training classes for Qualified Participants. B. If a Qualified Participant chooses to enroll in a course offered by CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or SSA funds are received under the provisions of the applicable grants, in accordance with the Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by CONTRACTOR as provided herein. C. CONTRACTOR has the ability to adjust line item amounts in the Course Costs with the approval of the Executive Director. D. CITY agrees to provide for on -site monitoring reviews of the Workforce Training Program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from CONTRACTOR, due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. Page 6 of 17 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. Page 7 of 17 B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators attached hereto as Exhibit C and incorporated herein by reference, and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 4. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WD13 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. Page 8 of 17 7. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated herein. 8. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Development Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 9. Based on the population eligible to be served, or likely to be directly affected by the program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, CONTRACTOR must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 10. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this Agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. IL 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 performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, Page 9 of 17 (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. OF CONDUCT: 13. CONTRACTOR agrees to adhere to the following STANDARDS 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. Emnlovment 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 impactpolicy 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. Page 10 of 17 VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in 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 1 I 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. CORPORATE STATUS CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. If receiving WIOA funds, CONTRACTOR acknowledges and agrees that it must follow procurement regulations for contractors (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. If receiving WIOA funds, the Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 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. Page 12 of 17 If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and 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 Page 13 of 17 of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. If receiving WIOA funds, procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. Page 14 of 17 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 CONTRACTOR: The Accounting Annex, Inc. 41 E. Foothill Blvd., Suite 201 Arcadia, CA 91006 (626)445-8526 joanne@theaccountingannex.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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney )j By: Ryan O dodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency "CITY" By -- Kristine Ridge City Manager "CONTRACTOR" 11 Name: a /l vt v� fvL- he y Title: /4ec . Tax ID #: q5= 515Y1451-1- Page 17 of 17 EXHIBIT A & B Scope of Service & Course Cost The Accounting Annex, INC. School Code: 1922401 Course: Computerized Accounting Student Catalog Effective January 1, 2022 to December 31, 2022 The Accounting Annex, INC. 41 E. Foothill Blvd., Suite 201 Arcadia, CA 91006 626-445-8526, fax 626-737-8529 Website: www.theaccountingannex.com The classroom is located 'at41 E. Foothill Blvd., Suite 201, Arcadia, CA 91006. As a prospective student, you are encouraged to review this school catalog prior to signing an enrollment agreement. You are also encouraged to review the School Performance Fact Sheet, which must be provided to you priorto signing an enrollment agreement. We require that you initial the School Performance Fact Sheet, as indicated: on that form, prior to enrollment. Page 1 of 23 12.11.2019-The Accounting Ann ex, INC Catalog lan 1-19 to Dec 31-19 Table of Contents Mission Purpose and Objective 3 Licensing 3 Classroom Location and Description 3 Administrative Offices Location 44 Method of Instruction Delivery Disability Access 4 Required Statements and How to Direct Questions/Complaints to The Bureau for Private 5 5 Postsecondary Education Financial Status Library, Learning Resources and Student Services 55-6 Notice Concerning Transferability of Credits and Credentials Earned at Our Institution 6 Experiential Credit and Transferability of Credits Notice to Prospective Degree Program Students 6 Student Financial Aid and Student Loans 6 6 Admission Requirements "Ability -to -Benefit" Assessment Testing 8 Student Services -Employment and Placement Services 8-9 Foreign Students and Foreign Student Visas 9-10 English Proficiency/Language of Instruction 10 Description of Program and Instruction 10 Testing and Grading 10-1 Standards for Student Achievement/Requirements for Completion 12 Probation and Dismissal Policy 12 Conduct and Dress Code 13 Attendance and Leave of Absence Policy 13 Internships and Externships 13 Licensure 13 Types of Employment to Which This Course May Lead and SOC Codes 13 Estimated Total Charges for Program 14 Student Tuition Recovery Fund (STRF) 14 Cancellation, Withdrawal and Refund Policies 14-14 Faculty and Staff 16-18 Record Keeping 18-19 Distance Education 19-20 Housing 21-22. Payment Methods 2121 Certificate of Completion Instructional Materials 21 Equipment and Software 21 21 22 Equal Opportunity Sexual Harassment Policy 22 Alcohol and Drug Policy 22 Student Rights and Grievances 22 22 23 Page 2 of 23 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to Dee 31-19 The Accounting Annex, INC. 41 E. Foothill Blvd., Suite 201 Arcadia, CA 91006 626-445-8526,fax 626-737-8529 Website: www.theaccountingannex com The Accounting Annex, INC., is a private vocational school that is dedicated to the instruction of basic accounting in a computerized environment. It has been owned and operated in Arcadia, California for over two decades. We offer only one course called "Computerized Accounting." The Accounting Annex, Inc., School Catalog and School Performance Fact Sheet are updated annually. (5, CCR 71810(a)) Prior to enrollment, The Accounting Annex, Inc., shall provide in. writing, or electronically, our School Catalog, School Performance Fact Sheet (CEC 94909(a)) and the course flyer (student brochure). As a prospective student, you are encouraged to review this school catalog prior to signing an enrollment agreement and review the course flyer (student. brochure). You are also encouraged to review the School Performance Fact Sheet, which must be provided to you prior to signing an enrollment agreement. (CEC 94909(a)(3)(B)) The Accounting Annex, INC., shall provide the school catalog to any person upon request. In addition, if the institution has student brochures, the institution shall disclose the requested brochures to any interested person upon request. (CEC 94909(c)) MISSION The mission of The Accounting Annex, INC. is to provide personalized training in basic accounting theory using a computerized platform to apply accounting theory in a practical, small business, office -like environment. Additionally, we seek to give our students a well-balanced education to help them procure employment. We strive to keep our course offering relevant to the needs of employers by continually evaluating market demands and modifying our Computerized Accounting course accordingly. PURPOSE AND OBJECTIVE The purpose of the Computerized Accounting class, our single offering, is to give the student a basic knowledge of bookkeeping and accounting, so that he/she understands the flow of the various processes of a computerized accounting department and is able to create the end product, financial statements, from data provided:. Additionally, we offer training to make the candidate interview -ready, since the objective for training is for the student to find employment. LICENSING The Bureau for Private Postsecondary Education approves private postsecondary institutions to operate, which is a branch of the California Department of Consumer Affairs. The Accounting Annex, Inc., is a private school and has approval to operate granted by the Bureau for Private Postsecondary Education. Approval to operate means compliance with state standards as set forth in the California Education Code (CEC 94909(a)(2) and 5, CCR). Page 3 of 23 12.11.2019 The Amaunting Annex, INC Catalog Jan 1-19 to De4 3149 CLASSROOM LOCATION AND DESCRIPTION OF FACILITIES, EQUIPMENT AND MATERIALS The classroom is located at 41 E. Foothill Blvd., Suite 201, Arcadia, CA 91006. The classroom is 434 square feet with desks and computer equipment to accommodate eight students. Books are provided. Also; at our 41 E. Foothill. Blvd. Suite 201 location there is one administrative office, an entrance area, a kitchen (with a refrigerator and microwave) and a disabled accessible bathroom. ADMINISTRATIVE OFFICE'S LOCATION The administrative offices are located at 41 E. Foothill Blvd`., Suite 201 Arcadia, CA 91006. METHOD OF INSTRUCTION DELIVERY The classes are taught by live instructors. Remote Learning 5 CCR *71810 (b)11 6 The Accounting Annex's Computerized Accounting course remote instruction program prepares you to take advantage of growing career opportunities in the field of accounting. • Taught by faculty with real world, experience in accounting. Expert support professionals that are accessible when you need them most, with the academic resources to help you: succeed. Grading and Response Expectations: • Each of these assignments will be e-mailed to the Instructor who will respond by the next class day with feedback to each student. All Assignments and Tests are gone over thoroughly for complete understanding the next class day. Teach and facilitate the course by • responding to all student communication within 24 hours • logging into the course the first day • logging into the course 5 days a week, with no period of absence. If a student does not attend due to unpreventable absence a makeup day are provided at the end of the course. • posting substantive responses in. discussions daily • notifying the appropriate Schoolofficials an.d students in the case of emergency that might prevent them from meeting these participation requirements. Assess student learning by • assigning grades that accurately reflect the standards set by the school Page 4 of 23 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to Dec 31-19 • providing substantial feedback in a 24-hour period to each student in the course for assignments that contribute to the final grade of the course • keeping the gradebook current • completing required course assessments and exams. DISABILITY ACCESS We have one bathroom only and it is accessible to those in wheelchairs. It has support bars on two sides of the commode (behind the commode and another adjacent to the left arm.). We recommend that you examine it when you visit our school to evaluate if it will accommodate your needs. We are on the second floor and have elevator access, as well as wheelchair ramps to the building from the rear parking lot. If you have any other special needs, please bring it to our attention. REQUIRED STATEMENTS AND HOW TO DIRECT QUESTIONS/COMPLAINTS TO THE BUREAU FOR PRIVATE POSTSECONDARY EDUCATION (A) Any questions a student may have regarding this catalog that have not been satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary Education at 1747 N. Market Blvd., Sacramento, CA 95834, www.bppe.ca.gov (888) 370-7589, (916) 574-8900 or by fax (916) 263-1897. (B) As a prospective student, you are encouraged to review this catalog prior to signing an enrollment agreement. You are also encouraged. to review the School Performance Fact Sheet, which must be provided to youprior to signing an enrollment agreement. (C) A student or any 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 web site www.bppe.ca.gov. ((CEC 94909(a)(3)(A), CEC 94909(a)(3)(13) and CEC 94909(a)(3)(C)) FINANCIAL STATUS The Accounting. Annex, INC. does not have a pending petition in bankruptcy, is not operating as a debtor in possession, has not filed a petition within the preceding five years, and has not had a petition in bankruptcy filed against it within the preceding five years that resulted in a reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 1101 et. seq.). (CEC 94909(a)(2)) LIBRARY, LEARNING RESOURCES AND STUDENT SERVICES The Accounting Annex, INC. does not have a library or extracurricular student services. All materials and learning resources required by the curriculum are provided to students at the time they receive instruction at The Accounting Annex, Inc. Independent research is not essential to successfully complete the training program at The Accounting Annex, Inc. Student services that are offered include no cost tutoring during lunch hour Monday Friday, and job search activities to complete the objectives of the program. Job search activities include information on resume preparation, interview techniques, and tips on how to look for a job. Page 5 of 23 12.11.2019 The Accounting Annex, INC Cat.1091 n 1-19 to. Dec 31-19 Students may access The Arcadia. Public Library, which is located at: 20 W'Duarte Rd, Arcadia, CA 91006 (626) 821-5567 — Hours (Monday —Saturday) 10AM — 6PM. NOTICE CONCERNING TRANSFERABILITY OF CREDITS AND CREDENTIALS. EARNED AT OUR INSTITUTION (CEC 94909 (a)(15)) The transferability of credits you earn at The Accounting Annex, INC. is at the complete discretion of an institution to which you, may seek to transfer. Acceptance of the certificate you earn in Computerized Accounting is also at the complete discretion of the institution to which you may seek to transfer. If the certificate that you earn at this institution is 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 will meet your educational goals. This may include contacting an institution to which.you may seek to transfer after attending The Accounting Annex, INC. to determine if your certificate will transfer. In clarification of the above, while we are approved by the State of California BPPE as a vocational school, we are not accredited by any accrediting agency recognized by the United States Department of Education and we do not offer a degree program, so it is likely that our course has no transferability to junior or four year colleges, but that is, as noted above, at the discretion of the junior or four year college. We have not entered into an articulation or transfer agreement with any other college or university., EXPERIENTIAL CREDIT AND TRANSFERABILITY OF CREDITS We are a certificate program and are not accredited by any organization. The class hours are not transferrable to accredited colleges or u.niversities. - This institution does not issue credit for experiential learning. - Transferability of Credits -we do not accept credits earned at other institutions or through challenge examinations and achievement tests. - This institution has not entered into any articulation or transfer agreements with any colleges or universities. - We do not award credit for experiential learning, including assessment policies and procedures, provisions for appeal and all charges that a student may be required to pay NOTICE TO PROSPECTIVE DEGREE PROGRAM STUDENTS (CEC 94909 (a)(16)) The Accounting Annex, Inc. is NOT an accredited institution recognized by the US Department of Education and is NOT offering an accredited or unaccredited degree program, The Accounting Annex, Inc. ONLY provides a Certificate of Completion at the endof the program. The transferability of credits you earn at The Accounting Annex, Inc. is at the complete discretion of an institution to which you may seek to transfer. (5, CCR 71775(a)) Initials:_ Date: Representative: Date: Page 6 of 23 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to Dec 31-19 STUDENT FINANCIAL AID AND STUDENT LOANS The Accounting Annex, INC. participates in state and federal funding applicable to California's Eligible Training Provider List (ETPL). The Accounting Annex, INC. does not offer financial assistance or Title IV funding. However, this school is on the eligible Training Provider List (ETPL). CaIJOBS website contains information about approved training providers and programs. The purpose of the ETPL is to provide customer - focused employment training. Training providers who are eligible to receive Individual Training Accounts (ITAs) through WIOA Title I-B funds are listed on the ETPL. The Eligible Training Provider List (ETPL) originatedwith. the Workforce Investment Act (WIA) of 1998 and was amended by the Workforce Innovation and Opportunity Act (WIOA) of 2014 to provide employment training resources for adults and dislocated workers under these Federal programs. Inclusion on CaIJOBS ETPL, in itself, does not guarantee that WIOA funds are available for enrollment in an eligible offering, The availability of WIOA funds for enrollment is based on many factors including assessment of an individual's employment needs. individuals who are interested in determining if they qualify for WIOA funding must contact an America's Job Center of California, 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, and that, if the student has received federal student financial aid funds, the student is entitled to a refund of the money's not paid from federal student financial aid program funds. (CEC 94909(a)(11)) At the student's option, an institution may accept payment in full for tuition and fees, including any funds received through institutional loans, after the student has been accepted and: enrolled' and the date of the first-class session and this is disclosed on the enrollment agreement. (CEC 94899 5(e)) We do NOT encourage students to obtain loans to take our program. Students that decide to obtain a loan to pay for an educational program, the student will have to repay the full amount of the loan plus interest, less the amount of any refund, and that, if the student receives federal student financial aid funds, the student is entitled to a refund of the money not paid from federal financial aid funds. A student enrolled in an unaccredited institution is not eligible for federal financial aid programs, CEC 94909(a.)(16)(C) "NOTICE" YOU MAY ASSERT AGAINST THE HOLDER OF THE PROMISSORY NOTE. YOU SIGNED IN ORDER TO FINANCE THE COST OF THE EDUCATIONAL PROGRAM' ALL OF THE CLAIMS AND DEFENSES THAT Page 7 of 23 12.11.2019 The Accounting Annex, INC Catalog l an 1-19 to Dec 31-19 YOU COULD ASSERT AGAINST THIS INSTITUTION, UP TO THE AMOUNT YOU HAVE ALREADY PAID UNDER THE PROMISSORY NOTE. (CEC 94916) We share copies of student enrollment agreements, progress reports, time reports and certificates with WorkSource/America's Job Center for Workforce Innovation and Opportunities Act (WIOA) funded students. This is done as support for invoicing for those who received a referral (CRITA) of an Individual Training Account (ITA) to our school, This documentation is required by the WorkSource/America's Job Center to pay our institutional charges under the WIOA program. ADMISSION REQUIREMENTS (CEC 94909 (a)(8)(A)) We accept students with high school diplomas, GED or those who have passed an "Ability -To - Benefit" test. In order to be accepted into our program, you must also: • Interview with school representative, in person or bytelephone • Must be 18 years of age or older • Take our accounting test to determine level of accounting experience, prior to signing enrollment agreement • Be available to complete class and available to enter employment after class although we cannot guarantee employment ABILITY -TO -BENEFIT" ASSESSMENT TESTING Under section 484(d) of the Higher Education Act of 1965, a student who does not have a high school diploma or its recognized equivalent is referred to as an "ability -to -benefit" student. An "ability -to -benefit" student may not enroll unless the student takes an independently administered examination from the list of examinations prescribed by the United States Department of Education pursuant to Section 484(d) of the Federal Higher Education Act of 1965 (20 U.S.C. Sec. 1070a et seq.) and achieves a score, as specified by the United States Department of Education, demonstrating that the student may benefit from the education and training being offered. - United States Department of Education Approved Ability -to -Benefit Tests Test Publisher Passing Scores Audience Effective Date Wonderlic Basic Skills Test Wonderlic, Inc., 400 Verbal -200 (WBST) Verbal Forms VS-1 Lakeview Parkway, Suite Quantitative — 200 July 1,2015 & VS-2: Quantitative Forms ! '200 General QS-1 & QS-2 Vernon Hills, II 60061 (Online & Paper and Pencil Telephone (847) 247-2544 Versions) Fax (847680-9492 Spanish Wonderlic Basic Wonderlic, In., Lakeview Verbal -200 Skills Test (Spanish WBST) Parkway,Suite200 Quantitative-200 Page 8 of 23- 12.1.1.2019 The Aaoun&9 Annex, INC Cata[OgJan 1-19 to Dec 31-19 Verbal Forms VS-1 & VS-2 Quantitative Forms SQ-1 & QS-2 (Online & Paper and Pencil Versions) Combined English Language Skills Assessment (CELSA) Forms 1 and 2 ACCOPLACER (Reading Comprehension, Sentence Skill, and Arithmetic) Language Proficiency Assessment Test -Spanish (LPAT-S) (Provisional Approval) Vernon Hills, IL60061 Telephone (847) 247-2544 Fax (847) 680-9492 Association of Classroom Teacher Testers (ACTT) 1187 Coast Village Road, Suite 1 #278 Montecito, CA 93108-2794. Telephone 805-965-5704, Fax 805-965-5807 Email: actCa cappassoc.com The College Board, 250 Vesey Street New York, New York 10281 Telephone (800) 607-5223 Fax (212)'253-4061 Association of Classroom Teacher Testers (ACTT) 1187 Coast Village Road, Suite 1 #278 Montecito, CA 93.108-2794. Telephone 805-965-5704, Fax 805-965-5807 Email: act(aDcannassnc.rom Form 1- 97 Form 2 - 97 Reading Comprehension — 55 Sentence Skills -60 Arithmetic -34 Reading Comprehension •17 Mathematics -14 STUDENT SERVICES -EMPLOYMENT AND PLACEMENT SERVICES Students whose native language is Spanish Students whose native language is not English and who are not fluent in English General Appropria to for schools approved to offer instructio n in Spanish July 1, 2015 November 1, 2002 November 1, 2002 Provisionall y Approved from September 1, 2017 through March 1, 2019 The Accounting Annex, Inc. provides assistance to students intheirjob search, resume preparation, and interview techniques. We also provide a Job Developer to search for and develop employment opportunities through personal and media contact with employers; seeking out and developing potential business/industry that could be serviced by the school. Students are encouraged to follow-up on job leads when called on by the institution. Page 9 of 23 12.11.2019The Accounting Annex, INC Catalog Ian 1.19 to Dec 31-09 Guarantee Disclaimer: The Accounting Annex, INC. is committed to assisting graduates in finding suitable employment. The Accounting Annex, Inc. does not and cannot guarantee employment to any student.. Placement Process: The placement process begins on the first day of enrollment. Students will have access to a computer to do Internet searches, there will be a. "JOBS" board where listings will be posted. Job Development personnel will assist the student with contacts and setting up interviews. The student's responsibility after graduation is to report any employment, they receive on the WAGE EMPLOYMENT VERIFICATION FORM. FOREIGN STUDENTS AND FOREIGN STUDENT VISAS We have no foreign students. We only accept WIOA students who have been screened through WorkSource centers. They must have a work permit or US Citizenship to be approved by the WorkSource centers. Should a foreign national choose to take our course, he/she would be required to locate a sponsor for their student visa on their own. The Accounting Annex, Inc. does not provide visa services and the institution will not be able to vouch for student status or any associated charges. ENGLISH PROF] CIENCY/LAN.GUAGE OF INSTRUCTION The class is offered in English only. English language classes/training services are not provided at this institution. For those whose written and/or oral English skills we deem may be inadequate to get benefit from the class, we will, accept scores of 15 and over for TOEFL. If the scores in the English proficiency test do not meet this criterion, the applicant may be required to take additional English language courses for admission. We request a copy of this test if admission is dependent on these scores. If the student does not pass the test, we give the student the option to translate all of our material into the language of her/his own choice at his/her own expense. This includes the enrollment agreement, School Performance Fact Sheet, catalog and the practice sets. These are copyrighted materials and, the intellectual property of The Accounting Annex, Inc., so this is only provided for purposes of the student attending our class. The student also has the option to bring a translator to class at her/his own expense. DESCRIPTION OF PROGRAM AND INSTRUCTION Students will learn accounting in a hands-on environment using the popular accounting software package, QuickBooksQ and will also learn basic Microsoft Office (Word and Excel) skills. Job search and resume workshops are lncluded:in the class. Our classes focus onboth theory and hands-on computer skills. The course flyer (student brochure) which includes a description of the course and a sample schedule is provided prior to enrollment. Live instruction includes: general ledger accounts payable professional time & invoicing job costing chart of accounts accounts receivable payroll tax returns payroll closing a month inventory sales tax returns MS Word Page 10 of 23- 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to 0ec 31-19 bank reconciliation order entry resume preparation MS Excel QuickBooks Pro interview techniques MS Windows job search Computerized Accounting -Sample Course Schedule Daily schedule: M-F 9 am - 4 pm/Order of class may vary slightly Week 1 (Partial week) - Introduction to computers (6.5 hours) Equipment and Networks, Windows (6.5 hours) (A brief overview of how computer equipment operates) The benefits of a computerized accounting department, overall picture of the flow of paperwork through an accounting department, and internal controls. (6.5 hours) Week 2 -Theory and Hand's-On Computer Experience Windows Training -Basic commands (3 hours) Resume Preparation and Speaker from Employment Agency (3.5 hours) Accounts Payable and Purchase orders (13 hours) (Accounts Payable journal entries, internal controls, setting up vendor files, posting open payables items and printing checks) Microsoft Office 365 Word -word processor basics and resume writing (13 hours) Week 3 - Theory and Hands -On Computer Experience Accounts Receivable, Credit, Collections (13 hours) (Accounts Receivable journal entries, internal controls, setting up customer files) Inventory (6.5 hours) (Inventory journal entries, internal controls, setting up product files, adding to and relieving inventory) Order Entry and Point of Sale (6.5 hours) (How to use this these programs to create invoices and track sales) General Accounting Workshop (6.5 hours) Week 4 -Theory and Hands -On Computer Experience Payroll (13 hours) (Payroll journal entries, internal controls, setting up employee files, processing payroll and printing payroll checks) Job Costing and Professional Time & Invoicing (Project Tracking Software) (6.5 hours) Microsoft Office 365 Excel -spreadsheet basics (13 hours) Week 5 -Theory and Hands -On Computer Experience General Ledger and Financial Statements (13 hours) (Bringing the accounting cycle to a close, general journal entries and preparation of an Income Statement and Balance Sheet) Bank Account Reconciliation (3 hours) Preparation of quarterly sales tax and payroll tax returns. (3.5 hours) General employment information, resume preparation and interviewing (6.5 hours) Page 11. pf 23 12.11.2019 The Accounting Annex, INC Catalog ]an 1-19 to Dec 31-19 Total Number of Clock/Credit Hours required for certificate 143 hours TESTING AND GRADING We give an accounting entrance test prior to the student signing an enrollment agreement for determining the student's level of experience in accounting. During class, there are five tests. There are practice sets in General Ledger, Accounts Payable, Accounts Receivable, Inventory, Order Entry and Payroll. The student is required to complete the practice sets (matching master solutions) to pass the course. Scored tests are used to help determine how independently you are able to function within an accounting department. Supervision needs will be assessed based on test results as follows - under 50%- heavy supervision, 50 - 75%- moderate supervision, 76 - 90%- little supervision, 91- 100%- little to no supervision. There are no required internships or externships. There is not a final test. STANDARDS FOR STUDENT ACHIEVEMENT/REQUIREMENTS FOR COMPLETION In orderto pass the class, the student is required to complete the practice sets in General Ledger, Accounts Payable, Accounts Receivable, Inventory, Order Entry and Payroll (matching master solutions.) Five scored tests are used to help determine how independently you are able to function within an accounting department. If your academic progress is deemed unsatisfactory (average under 51% for scored testing or non -completion of practice sets or not making up hours missed),'we will put you on academic probation, so that you have time to improve or to re- evaluate your goals. If you do not complete the practice set and do not have an average test score over 51% you will fail the class. Satisfactory academic progress is defined as meeting the objectives of the class. Academic progress elements that meet the objectives of the class include completing class hours (attendance or makeup work), completing the practice set, and test scores. Missing class hours is addressed the next class session after the missed time and makeup work is given accordingly. Makeup work is to be returned to the schoo[and is kept in the student's file. The practice set is completed in a group session and if time was missed that prevented this from happening, we will set up makeup time for the student to complete the practice set, including time before or after class. Test scores are looked at immediately after testing. if the student receives a score of under 51% on any test, the instructor willgo over the test material with the student. The student is given the opportunity to retake the test after reviewing the test material with the instructor. The higher of the two scores will be used in the class average. Maximum Time Frame: Program length is 22 working days for a total of 143 hours. The student is required to make up all missed credit/clock Hours to meet attendance requirements within 33 days of the start date (1.5 times the scheduled length). Credit/Clock Hour: Definition of Credit/Clock Hour — a clock hour is 60 minutes in length. The student is provided two 10 minute breaks within the 6.5 hour daily schedule, one in the morning and one in the afternoon. The lunch period is exclusive of the 6.5 hours of classroom time. No internships or externships are required to complete the program. (CEC 94909 (a)(5)) Page 12. of 23 12.13.2019 fie Accounting Annea, INC Catalog Jan 1-19 to Dec 31-19 PROBATION AND DISMISSAL POLICY Any student with an average test score of less than 51% will be put on probation. The student shall be advised of such probation status immediately. A student shall be removed from academic probation when the average test score of 51% or greater. Any student on probation who does not demonstrate the desire or ability to improve will be dismissed from The Accounting Annex, Inc. CONDUCT AND DRESS CODE The objective of this class is to find a job, so professionalism is stressed in both conduct and dress. How you present yourself in class will give us an idea about your work habits and attitudes. ATTENDANCE AND LEAVE OF ABSENCE POLICY The student is required to complete all 143 course hours to qualify for a certificate. Absence will be considered excused under the following circumstances: illness, death, or birth in the immediate family, job search activities and other valid reasons substantiated in writing and at the discretion of the school director. All other absences will be considered unexcused. Tardiness is a disruption of a good learning environment and is to be discouraged. Tardiness without legitimate reason on two occasions in one class will be considered as on unexcused absence. Tardiness will result in hours in class being reduced by the actual time missed (hours attended are shown on the completion certificate) and will be considered as far as evaluating the student for overall. employability. Interruption. for Unsatisfactory Attendance —Students with three unexcused absences in any class will receive Written notifcation of academic probation for a period of one month or until the end of class, whichever comes first. Any unexcusedabsences during such probationary period will be a cause for interruption of the student's training program. Cutting classes will be considered unexcused absences. Make-up work may be required for any absence. However, hours of make-up work cannot be accepted as hours of class attendance and hours of class attendance will have to be made up. Leave of absence —Written requests for leaves of absence will be considered and leaves may be granted to students at the discretion of the school. if the student is funded through a third party, the third party will have to be notified of the intention to take a leave of absence, as they may have their own policies regarding a leave of absence. If you are granted a leave of absence, you may take future classes if the third -party payer allows or if you paid for the class to complete your hours. Our policy is to always grant leaves of absences for those who have paid privately and for those who have approval for a leave of absence from a third -party payer. Those who have third party payers and are not granted approval for a leave of absence by the third -party payer will not be granted a leave of absence. INTERNSHIPS AND EXTERNSHIPS We have no required' internships or externships. (CEC 94909 (a)(5)) LICENSURE No licenses are required to perform bookkeeping tasks, which are the types of positions to which the education provided by this course will lead. (CEC 04909 (a)(6)) Page 13- of 23 12.11.2019 The Accounting Annex, INC Cet.Ioglan 1-19 to Dec 31,19 TYPES OF EMPLOYMENT POSITIONS TO WHICH THIS COURSE MAY LEAD Accounting clerks Data Entry Invoicing Accounts Payable clerk Accounts Receivable clerk Payroll clerk Write up (CPA office) Inventory control Order Entry/Invoicing Purchasing Collections Office Manager United States Department of Labor's Standard Occupational Classification ($OC) codes: 13-2011 43-3021 43-3031 11-031 43-9022 43-3051 11-1021 We do not guarantee. placement. Types of positions for which you might find employment may be dependent upon your personal work experience. ESTIMATED TOTAL CHARGES FOR THE PROGRAM $4985.00 LIST OF TOTAL CHARGES FOR COURSE The course is 22 working days and the charge is as follows: TOTAL CHARGES FOR THE PROGRAM - $4985.00 plus Student Tuition Recovery Fund of $2.50. (includes fees-registration-$75, tuition-$3795.00 books-$75, supplies-$50, equipment-$550, QuickBooks-$440 additional charge, STRF-$2.50 as of April 1, 2022) Amount of STRF Assessment: (a) Each qualifying institution shall collect an assessment of fifty cents ($.50) per one thousand dollars ($1,000) of institutional charges, rounded to the nearest thousand dollars, from each student in an educational program who is a California resident or is enrolled in a residency program. For institutional charges of one thousand dollars ($1,000) or less, the assessment is two dollars and fifty cents ($2.50). Institutions that offer short-term programs designed to be completed in one term or four months, whichever is less, may require payment of all tuition and fees on the first day of instruction. (CEC 94899.5(a)) STUDENT TUITION RECOVERY FUND (STRF) The State of California established the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic loss suffered by a student in aneducational program at a qualifying institution, who is or was a California resident while enrolled, or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition., and suffered an economic loss. Unless relieved of the obligation to do so, you must pay the state -imposed assessment forthe STRF, or it must be paid on your behalf, if you are a student in an educational program, who is a California resident, or are enrolled in a residency program, and prepay all or part of your tuition. You are not eligible for protection from the STRF and you are not required to pay the STRF assessment, if you are not a California resident, or are not enrolled in a residency program. (5 CCR §76215(a)) It is important that you keep copies of your enrollment agreement, financial aid documents, receipts, or any other information that documents the amount paid to the school. Questions Page 14 of 23 12.11.2019 The Accmntjng Annex, INC CatalogJan 1-19 to 0ec31-19 regarding the STRF may be directed to the Bureau for Private Postsecondary Education, 2535 Capitol Oaks Drive, Suite 400, Sacramento, CA 95833, (916) 431-6959 or (888) 370-7589. To be eligible for STRF, you must be a California resident or are enrolled in a residency program, prepaid tuition, paid or deemed to have paid the STRF assessment, and suffered an economic loss as a result of any of the following: 1. The institution, a location of the institution, or an educational program offered by the institution was closed or discontinued, and you did not choose to participate in a teach -out plan approved by the Bureau or did not complete a chosen teach -out plan approved by the Bureau. 2. You were enrolled at an institution or a location of the institution within the 120-day period before the closure of the institution or location of the institution, or were enrolled in an educational program within the 120 day period before the program was discontinued. 3. Youwere enrolled at an institution or a location of the institution more than 120 days before the closure of the institution or location of the institution, in an educational program offered by the institution as to which the Bureau determined there was a significant decline in the quality or value of the program more than 120 days before closure. 4. The institution has been ordered,to pay a refund by the Bureau but has failed to do so. 5. The institution has failed to pay or reimburse loan proceeds under a federal student loan program as required by law or has failed to pay or reimburse proceeds received by the institution in excess of tuition and other costs. 6. You have been awarded restitution, a refund, or other monetary award by an arbitrator or court, based on a violation of this chapter by an institution or representative of an institution, but have been unable to collect the award from the institution. 7. You:sought legal counsel that resulted in the cancellation of one or more of your student loans and have an invoice for services rendered and evidence of the cancellation of the student loan or loans. To qualify for STRF reimbursement, the application must be received within four (4) years from the date of the action or event that made the student eligible for recovery from. STRF. A student whose loan. is revived by a loan holder or debt collector after a period of non -collection may, at any time, file a written. application for recovery from STRF for the debt that would have otherwise been eligible for recovery. If it has been more than four (4) years since the action or event that made the student eligible, the student must have filed a written application for recovery within the original four (4) year period, unless the period has been extended by another act of law. However, no claim can be paid to any student without a social security number or a taxpayer identification number." IS CCR §76215(b)) Page 15 of 23 12.11.2019 The Accounting Annex, INC Catalog ]an 1-19 to Dec 31-19 CANCELLATION, WITHDRAWAL AND REFUND POLICIES The student has the right to cancelthe enrollment agreement and obtain a refund of charges paid through attendance of the first-class session, or the seventh day after enrollment, whichever is later. (CEC 94909) An institution that participates in the federal student financial aid programs complies with CEC 94919 by complying with applicable regulations of the federal student financial aid programs under Title IV of the federal Higher Education Act of 1965 and must comply with A) through C) below, We, as an unaccredited school, do not and cannot participate in Title IV programs. (CEC 94909 (a)(16) An institution that does not participate in the federal student financial aid programs shall comply with A) through D) (CEC 94920). We participate in WIOA programs Title 1 and comply with A) through D) below.. A) If a student wishes to cancel, the notice of cancellation shall be in writing and sent to any employee (director, instructor, administrative staff oriob developer) of the institution at 41 E. Foothill Blvd., #201, Arcadia, CA 91006 or the student may send the notice of cancellation in an e- mail to the e-mail of any employee (director, instructor, administrative staff or)ob developer) of the school. The effective date of a written notice of cancellation is the date on the notice of cancellation or the date the e-mail was sent. 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. If a student does not attend our class for five. working days and does not communicate with us regarding this absence, at the end of the fifth day, we will consider such action a withdrawal from class. We will not enforce any refund policy that is not specified in the catalog. (CEC 94919(b), 5 CCR 71750 (b)) B) The institution (The Accounting Annex, Inc.) shall also provide a pro rata refund of nonfederal student financial aid program moneys paid for institutional charges to students who have completed 60 percent or less of the period of attendance. The unearned portion of what has been collected. for the institutional charges will be refunded to the student. (CEC 94919(c)) C) The institution (The Accounting Annex, Inc.) shall refund 100 percent of the amount paid for institutional charges, less a reasonable deposit or application fee not to exceed two hundred fifty dollars ($250), if notice of cancellation is made through: attendance at the first-class session, or the seventh day after enrollment, whichever is later. (CEC 94919 (d)) D) The institution (The Accounting Annex, Inc.) shall pay or credit refunds within 45 calendar days of a student's cancellation or withdrawal. (CEC 94920 (e)), 5 CCR 71750 (e)) NOTE: If the student does not pay for the program out of her/his own funds, there are no refunds directly to the student. Refunds are paid to the agency providing the grant. A pro rata refund pursuant to section 94919(c) or 94920(d) or 94927 of the Code shall be no less than the total amount owed by the student for the portion of the educational program provided subtracted from the amount paid by the student, calculated as follows: Page 16 of 23 12.11.2019 The Aceounting Annex, INC Catalog Jan 1-19 to Dec 31-19 (1) The amount owed equals the daily charge for the program (total institutional charge, divided by the number of days or hours in the program), multiplied by the number of days student attended, or was scheduled to attend, prior to withdrawal. (2) Except as provided for in subdivision (3) of this section, all amounts paid by the student in excess of what is owed as calculated in subdivision (1) shall be refunded. (3) Except as provided herein, all amounts that the student has paid shall be subject to refund unless the enrollment agreement and the refund policy outlined in the catalog specify amounts paid for an application fee or deposit not more than $250.00, books, supplies, or equipment, and specify whether and under what circumstances those amounts are non-refundable. Except when an institution provides a 100% refund pursuant to section 94919(d) or section 94920(b) of the Code, any assessment paid pursuant to section 94923 (Student Tuition Recovery Fund fee) of the Code is non-refundable. (5 CCR 71750 (c)) If an institution (The Accounting Annex, Inc.) has collected money from a student for transmittal on the student's behalf to a third party for a bond, library usage, or fees for a license, application, or examination and the institution has not paid the money to the third party at the time of the student's withdrawal or cancellation, the institution shall refund the money to the student within 45 days of the student's withdrawal or cancellation. (5 CCR 71750 (d)) The institution (The Accounting Annex, Inc.). shall maintain a cancellation and withdrawal log, kept current on a monthly basis, which shall include the names, addresses, telephone numbers, and dates of cancellations or withdrawal of all students who have cancelled the enrollment agreement with, or withdrawn from, the institution during the calendar year. (5 CCR 71750 (f)) The Accounting Annex, Inc. gives an enrollment agreement to the student to sign at the beginning of class on the first day of class. If a student gives a notice of cancellation that day or 7 working days from the first day of class, she/he will receive a 100% refund. Examples of cancellation and refund policy: Example 1: Student pays $4750 and enrolls on January 2, the first day of class. On January 9 the student gives an employee of The Accounting Annex, INC. a written notice of cancellation. The student will receive a 100% refund. Example 2: Student pays $4750 and enrolls on January 2, the first day of class. The student sends us a notice of cancellation to our school that is dated January15. The notice of cancellation is dated after the first day of class, after 7 days of enrollment and the student has completed 10 working days of class (10/22=45%) less than 60% of the class. The pro rata calculation of the refund is calculated by dividing the entire institution charges by 22 days, the length of the class, which is $215.91 per day. The earned amount is 10 days x $215.91 or $2159,10. The earned charges are subtracted from what has been paid to calculate the unearned institutional charges/refund,$2590..90($4750-$2159,10) Example 3: Student pay $4750 and enrolls on January 2, the first day of class. On January 23, the student e-mails our instructor a notice of cancellation. The student has attended 16 working days of class. Since the student has finished more than 60% of class, there is no refund due. Page 17 of 23- 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to Dec 31-19 Calculation of Refunds Institutional charges paid $4750 Class is 22 working days 60% of 22 working days is 13 days notice of cancellation dated first day of class or 7 days after enrollment whichever is later Refund $4750 Refund 100% (If STRF was collected, STRF is refunded when 100Y of institutional charges are refunded.) Date of enrol'Iment-first day of class $215.91-Daily charge for program for Pro rata calculation ($4750/22=$215.91) finished 60% or less of class example:10 days attended 13 days or less (60% or less) Refund $2806.81 Owed/earnedportion: 10 x $215.91=$2159.10 Refund/unearned portion: $4750.2159.10=$ 25 90.90 (STRF is not refundable if collected.) NOTE: Per BPPE, STRF fees are being collected at this time. Third Party Payers finished more than 60% of class example:16 days attended more than 13 days (60%) No refund (STRF is not refundable if collected.) For students receiving assistance with institutional charges, any refunds will be made first to any funding sources up to the amount of such disbursement; any additional refunds due will be made to the student, if the student paid for any portion of the institutional charges. FACULTY AND STAFF Instructor Instructor Bernard Berman Mr. Berman has been teaching with The Accounting Annex since its inception, Mr. Berman has a degree in engineering from. UC Berkeley and had worked in the Information Systems field for over 40 years until his retirement. He is an independent financial planner. Mr. Berman teaches unique approaches to job search, Windows, Word and Excel. Patricia Rilloraza Ms. Rilloraza has over 30 years of training experience from her background in accounting software support. She has also worked in entertainment accounting, with a specialization in payroll. She shares her enthusiasm for accounting with all of our students and works individually with each to make sure the student gains an understanding of accounting theory and QuickBooks. She is a graduate of our Page 18 of 23 12.11,2019 The Accounting Annex, INC Catalog lan 1-19 to Dec 31-19 accounting class•and also has numerous certificates achieved during her corporate work experience. Instructor Karen Brown Ms. Brown has been in the accounting field for over 25 years, Ms. Brown obtained her AA in Business from Citrus College. She has had her own bookkeeping service for over ten years but has also worked in accounting software support and sales. She shares her unique and pure kindness with each student and wants nothing but the best for the future of each of our students. Director Joanne Schwarzer Meaney, CPA Ms. Schwarzer Meaney has a degree in accounting from Loyola Marymount University and over 30 years of experience in accounting, including public accounting (audit, tax and IT), accounting software development, training and documentation. She has worked in accounting education for the last 20 years. She also runs a tax practice as a CPA. RECORD KEEPING As a certificate granting school (non -accredited), we keep the following in our records: 1) the name, address, e-mail address, and telephone number of each student who is enrolled 2) a copy of the signed application 3) a copy of the signed enrollment agreement including dates of enrollment and projected completion date which includes the name; address, website address, and telephone number of the institution and the location of the training 4) case notes including student progress 5) notes on complaints/grievance (informal) or a signed formal grievance/complaint and resolution, if achieved 6) signed Individual Training Account (ITA, CRITA) or other contracts signed by the student 7) signed time sheets 8) signed progress reports which include test grades and the average test score 9) a copy of the certificate which includes the name of the class, the number of hours completed and the date it was issued 10)tests 11) date the catalog is given 12) signed School Performance Fact Sheet 13) a copy of High School Diploma, or High School Transcript, or the score of the Ability to Benefit Test which are used as qualifications for admission. 14) documentation of withdrawal from program and documentation of hours completed, if applicable 15) documentation of leaves of absence and hours completed, if applicable 16) (N/A) experiential credit 17) (N/A) personal information such as age, gender, ethnicity 18) (N/A) other courses completed, credit awarded for courses at other institutions, any credit based on any examination of academic ability used for admission or college placement purposes Page 19 of 23 12.11.2019 The Accountingpnaex, INC Catalog bn 149 to Dec 31-19 19) Documentation of. payment for the class, including amount and date invoiced and date payment was received (CEC 94900), (5 CCR 71920) Records are stored in locked file cabinets and are digitally backed up nightly and stored remotely in Texas and New York, a service provided by our Information Technology Department. if the school closes, arrangements will be made to forward student files to BPPE. The Federal Right of Privacy Act of 1974 (P.L. 93-380, section 438 - Buckley Amendment) assure confidentiality of student records is protected. Student records are confidential. Transcripts are kept permanently in accordance with Bureau for Private Postsecondary Education § 94900, 94900,5. We keep all records permanently. No one, except appropriate school faculty and staff or, an authorized representative or an Accrediting Commission or the Bureau for Private Postsecondary Education, or an authorized representative of a sponsoring agency (i.e. WIOA, VA) may review any educational records without the approval of the student. Without the student's written consent and upon authorization of the Executive Director or designee., The Accounting Annex, Inc., may release copies of, or otherwise divulge, material in student education records to the following agencies and individuals who are expressly forbidden from permitting access of said education records to third parties. a. Authorized representatives of the Controller General of the United States, the Secretary of Education, an administrative head of an education agency, state education officials, or their respective designees, or the United.States Office of Civil Rights, where such information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, except that when collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner which will not permit the personal identification of students or their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of federal legal requirements. b. Other state and local officials or authorities to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19,.1974. c. Officials of other public or private schools or school systems, including local, county, or state correctional facilities where educational programs are provided, where the student seeks or intends to enroll, or is directed to enroll, subject to the rights of students as provided in Section 76225 of the Education Code d. Agencies or organizations in connection with a student's application for, or receipt of, financial aid; if information permitting the personal identification of students may be disclosed only as may be necessary for such purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions which will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. e. Accrediting organizations in order to carry out their accrediting functions Page 20 of 23 12.11.2019 The Accounting Annex, INC Catalog Jan 1-19 to Dec 31-19 DISTANCE EDUCATION This institution does provide distance education. The institution will offer distance education (5 CCR 71716): HOUSING The Accounting Annex, Inc. has no responsibility to find or assist a student in finding housing. The Accounting Annex, Inc, does not have dormitory facilities under its control. Local housing can be located using a variety of rental, websites. As of 04-24-2019 internet search reflectedthe current range for apartments within a ten -mile radius was a range of $900-$3750 per month. PAYMENT METHODS If you are a private paying student, we will bill you and collect at the end of each week for the prorated cost of education for that week. Our students attend through the Workforce Innovation and Opportunities Act (WIOA) program, and as such do not require any payment, but funding must be pre -approved by a WorkSource/America's Job center. CERTIFICATE OF COMPLETION' If you successfully complete the course, you will receive a certificate of completion in Computerized Accounting. A copy will be sent to the funding agency as required for invoicing, if you did not pay for the course privately.. INSTRUCTIONAL MATERIALS The following books are provided with the class and are included in the cost: • Bookkeeping in 24 hours Microsoft Office 2019 Step by Step • Dreamy Night Sleep shop Practice Set Mastering QuickBooks2020 EQUIPMENT AND SOFTWARE The equipment necessary to participate in the class is provided by the student. It is not necessary to buy software to take the class. We teach using QuickBooks Pro and Microsoft Office. REMOTE LEARNING "Each Student will need access to a computer or laptop with internet access. Windows 10 version of MS. Camera and audio connection features are required to View and Hear the Instructor. Student versions of MS Word & Excel will be downloaded by the student. QuickBooks allows for a one -month trial software download. Each Student must have their own e-mail. Page 21 of 23 12.11.2019 The Accounting Annex, INC Cata)oglan 1,-19 to Oec 31-19 The instructor will send an invitation to the class For the entire month period. The instruction will be live with interaction. EQUAL OPPORTUNITY The Accounting. Annex, INC. is an equal opportunity facility and does not discriminate based on race, creed, religious preference, nationality, or sexual orientation. SEXUAL HARASSMENT POLICY We do not condone sexual harassment and those who engage in such behavior will be asked to terminate this behavior or be subject to removal from the class or our employment. ALCOHOL AND DRUG POLICY We maintain a drug/alcohol free environment and those who arrive impaired by either drug or alcohol use will be requested to leave the premises. A contact will be made for safe transportation, as we do not condone driving in an impaired state. STUDENT RIGHTS AND GRIEVANCES We welcome hearing concerns, grievances, and feedback (positive or negative) regarding our class. Complaints can be shared in writing as follows: Informal Internal Complaint Procedure A student is recommended to bring the grieved incident to the attention of the involved party verbally within two business days from the date of the incident occurred to resolve his/her complaint informally by approaching the instructor or other employee directly involved in the grieved incident. If the student does not feel a resolution has been reached using the informal process, the student should file a written formal complaint with the director. Formal Internal Complaint Procedure Within five business days of the incident being grieved, the student is requested to send a formal written grievance to the director including student name, date of grieved incident, a brief description of the incident being grieved and parties involved, a remedy requested. The grievance should be signed and dated by the student. A written response will be prepared by the director within five days of receipt of the formal grievance outlining a proposed remedy derived from input from all parties directly involved in the complaint. If the student and the school are able to amicably resolve the complaint, both the director and the student shall sign the proposed resolution as accepted. Page 22 of 23 12.SL2019 The ACEUnntlrg Annex, INC Catalog bo 1-19 to Dec 31-19 The student is encouraged to use the Internal Complaint Procedures but is NOT required to. The student may opt to contact BPPE at any time. The student may contact BPPE by phone or in writing. Following is BPPE contact information: Bureau for Private Postsecondary Education 1747 N. Market Blvd, Ste 225, Sacramento, CA 95834 Website: www.bppe.ca.gov Telephone: (888) 370-7589, (916) 574-8900 Fax: (916)263-1897 E-mail: bppe dca ca gov Students have the same rights andprotections under the Constitutions of the United States and the State of California as other citizens, including but not limited to freedom of expression, press, religion, and assembly. Students have the right to be treated fairly and with dignity regardless of race, color, national origin, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight andveteran status. Page 23 of 23 12,11.2019 The Accounting Annex, INC Catalog Jan.l-19 m Dec 31-19 EXHIBIT C +",.."......,� [mpioyment INFORMATION N® 1 I C G Development Departmenf State of ClifDate: June 4, 2020 Number: WSIN19-48 au rn is �r — --- 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 2621 Negotiated Performance Goals Indicators Adults Dislocated Youth Wagner - Workers geyser Employment Rate 2nd Quarter After Exit (Includes placement in 67.0% 71.9% 71.0% 61.4% education for Youth Employment Rate 4th Quarter After Exit (Includes placement in 66.0% 72.5% 71.0% 62.0% education for Youth Median Earnings 2nd Quarter After Exit $6,000 $8,070 $3,490 $6,689 Credential Attainment 60.0% 60.0% 60.0% N/A Measurable Skill Gains 50.0% 50.0% 56.4% 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 on 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 wsbmanaReperformance(�ov. /s/JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Page 2 of 2 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tiers (including agreements) and that all 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. A _ ��.a . Organization�• _ ature 7JOtGnne Re.ahe,y Name of Certifying. Official Signature EXHIBIT D Certification Regarding Drug -Free Workplace Requirements The certification. set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized: under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a. controlled substance is prohibited: in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will: be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT E (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; (f) Taking. one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking, appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) a•nd (f). The contractor shall insert in the space provided on the attached ".Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Date Program Operator Signature EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: 7& V/Z'0.A Name of Contractor: �7✓� foame< Contractor Number: 9'S�5y9r14z Date: 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): Address EXHIBIT E Certification Reeardine Debarment, Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part Vll of the May 16, 1988, Federal Register (Pages 19160-19211).. (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by, any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain:, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust `statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal; state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal; state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee/Contractor Orgar(ization��� _`---',.% �`/i-✓' , �i'eS2i,%h�", JrO2hne �P�inG�i NaMe and Title of Official Authorized to Certify On Behalf of the Grantee Date EXHIBIT F LJ CONTRACTOR must have their current course catalogs on file with the SAWDB. CONTRACTOR agrees to immediately notify (within 10 working days) the SAWDB, in writing, of any changes in the information. submitted with -initial, agreement. CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORK Center on an individual referral. basis. CONTRACTOR shall not accept nor enroll WTOA participants who do not meet the CONTRACTORSs entrance requirements, which are to be the same general entrance requirements required of public students, and agrees to submit a written notification to the Santa Ana WORK Center's Case Manager stating the reason(s) for non -acceptance. CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other Rinds that might be available to offset the cost to WIOA and to work together with the WIOA client's Case Manager to ensure all other funding sources are investigated and those funds obtained before submitting the Vendor Voucher to the SAWDB for payment. CONTRACTOR agrees to cross out sections of the student enrollment agreement that would hold the WIOA participant financially responsible for any training related expenses. Once accepted, CONTRACTOR agrees to enroll the WTOA participant in the course stipulated on the Vendor Voucher and no other. CONTRACTOR agrees to invoice the Santa Ana WORT{ Center, on a cost reimbursement basis, for third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that time. 19/Pre-Apprenticeship CONTRACTORS must include a letter of commitment from an approved apprenticeship program and meet the application policies and procedures required for the type of /program (e.g., community college, private post -secondary, adult education provider, etc.). L�1 CONTRACTOR Apprenticeship Programs registered under the National ApprenticeshPp Act (NAA) or recognized by DIR/DAS are exempt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as long as 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 the 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. 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. CONTRACTOR agrees to provide progress reports which indicate grades and test scores as well as attendance reports to the WLOA client's Case Manager on a monthly basis. EXHIBIT G f 13 CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working days) if the WIOA client is absent for more. than 3 days in a row, has sporadic attendance or drops out of school unless other arrangement are made in writing. CONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended school or the day the school was notified that the WIOA client dropped. Said check to be mailed to �y the attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701. LJ CONTRACTOR agrees to provide the, WIOA Case Manager a copy of the WIOA client's certificate of completion or diploma or official transcripts within: 10 working days of the date of completion or graduation. CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement assistance as provided to the public students and to provide the WIOA Case Manager with all the pertinent information regarding the placement of the WIOA client within 5 working days of the WIOA client's first day of employment. A W10A client has 180 days after completing training to get a job for the CONTRACTOR to get credit for placement in employment. 1 am authorized by my Board of Directors, Trustees, other legally qualified officer•, or as the owner of this agency or business to submit this proposal. RCONTRACTOR 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. CONTRACTOR has, or will' have, all of the fiscal control and accounting procedures neodedto ensure that WIOA funds will be used as required by law and contract. 01�C. ONI'RACTOR has additional funding sources and will not be dependent on WIOA fiords alone. CONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance if applicable. Maintain record confidentiality, as. required. � �Reporting financial, participant, and performance data, as required. LJ/Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non-discrimination provisions. 0 Meeting requirements of See tion 504 of the Rehabilitation Act of 1973 aMeeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) EXHIBIT G LJ Meeting all applicable labor law, including Child Labor Law standards. L�7 Agree to provede a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of$1,000,00o.00 policy. Agree to provide all participants with Grievance Procedures. LJ Agree to insure proposer's employees through Workers Compensation hisurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. CONTRACTOR will not: Use WIOA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. Use hinds for youth in the construction, operation, or maintenance of any part of a facility to be usad-� for sectarian instruction or religious worship, Use WIOA money under this contract to purchase any equipment.' I hereby assure that all of the above are true. 14tu EXHIBIT G COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 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 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: 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. 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. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT H 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. 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 anc 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 9 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. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the 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. 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 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. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). 15 EXHIBIT H 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 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 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. v 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 o o Request for Hearing Notice of Hearing Hearing Conducted LWDA Decision Unsatisfactory Decision or No Decision o o State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 Day 1 Day/45 Day 60 Days 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) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 2s EXHIBIT H Angie CERTIFICATE OF LIABILITY Nsftexed THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICH THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX&D OR ALTER POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CON'fr.ACT AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Digitally signed by Angie Acevedo DATE (MMAD VYY) TE HOLDER. DED BY THE INSURER(S), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT MCGRIFF INSURANCE SERVICES INC/PHSPHONE (868 AX 22273438 ) 487-8730 FMe, N.):(888)443-6112 INC, No, Eat): ( The Hartford Business Service Center 3600 Wiseman Blvd EMAIL San Antonio, TX 78251 ADDRESS: INSURERS) AFFORDING COVERAGE NAICA INSURED THE ACCOUNTING ANNEX, INC. 41 E FOOTHILL BLVD STE 201 ARCADIA CA 91006-2361 INSURERA: Senunel Insurance Company Ltd. 11000 INSURER a : - INSURER C INSURER D INSURER E : .INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL IN%R BUBR WVD POLICYNUMBER POLICY EFF POLICY E)P IMMADDN LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMSMADE OCCUR XI DAMAGE TORENTED$1,000,000 E E Ea oco mence MED EXP(Any one parson) $10,000 X General Liability A X 22 SBA FS2458 10/31/2021 10131/2022 PERSONALaAOV INJURY $2,000,000 GEN'L AGGREGATE U MIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO, F, LOG JECT PRODUCTS - COMPIOP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea awdenl BODILY INJURY (Per person) ANY AUTO ALLOWNED SCHEDULED AUTOB AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED NON OWNED -AUTOS AUTOS (Per amident) UMBRELLA UAB OCCUR - .EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS- MADE DEO I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE I JER E.L EACH ACCIDENT ANY YIN PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L DISEASE -EA EMPLOYEE (Mandatory in NH) - If yes, describe under EL DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONSILOCATIONSIVEMCLES IACONO 101. Additional Remarks Schedule, may be anached if more span is required) , Those usual to the Insured's Operations. CERTIFICATE HOLDER CANGELLA I ION City of Santa Anna- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Risk Management Division BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 20 CIVIC CENTER PLZ IN ACCORDANCE -WITH THE POLICY PROVISIONS. SANTA ANA CA 92701-4058 AUTHORWED REPRESENTATIVE I 110 , C� � U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD lihkMmagemmiDiwlm REVIEWED 6 APPROVED BY: I la 1 A� AraP� Risk Management Specialist AGENCY CUSTOMER ID_ LOG# : A� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED -- MCGRIFF INSURANCE SERVICES INC/PHS THE ACCOUNTING ANNEX, INC. 41 E FOOTHILL BLVD STE 201 POLICY NUMBER SEE ACORD 25 ARCADIA CA 91006-2361 CARRIER NAIC CODE SEE ACORD 25 EPPEcnvEDAn=:SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The City of Santa Ana, its officers, officials, employees, andvolunteersare to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor/Contractor's insurance. Notice of Cancellation will be provided in accordance with Form S51223, attached to this policy. ACORD 101 2014101) ©2014 ACORD CORPORAI R1wEo&gemenEDoey- ° RtvlEwEo&APPROYm Bv: The ACORD name and logo are registered marks ofACORD , n ��' Risk Management Specialist AGREEMENT INSURANCE REQUIREMENTS FOR SCHOOLS 1 GENERAL LIABILITY $1,000,000 per occurrence and $2,000,000 aggregate. 2. WORKERS' COMPENSATION I $1,000,000 per occurrence AND EMPLOYERS' LIABILITY Sole Proprietor: If you are a Sole Proprietor, have no employees, and your company is not required to carry Workers' Compensation Coverage in accordance with California State statute, a Sole Proprietor Waiver should be utilized. Please complete the City's Workers' Compensation Declaration form. 3, ADDITIONAL INSURED and The City of Santa Ana, its officers, officials, employees, and volunteers are I PRIMARY & NOW to be covered as additional insureds on the CGL policy with respect to j CONTRIBUTORY Language liability arising out of work or operations performedby or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement I to the Vendor/Contractor's insurance (at least as broad as ISO Form CG 20 i 10 1185 or if not available, through the addition of both CG 2010, CG 20 26, CG 20 33, or CG 20 38; and. CG 20 37 if a later edition is used). ,. PRIMARY & NOW For any claims related to this contract, the Contractor's insurance I 4' CONTRIBUTORY coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 kENDORSEMENT as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's i insurance and shall not contribute with it. 5. CERTIFICATE HOLDER must City of Santa Ana be addressed as follows: I Risk Management Division' 20 Civic Center Plaza f Santa Ana, CA 92702 6, NOTICE OF CANCELLATION Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. City will be mailed 30 days l written notice of policy cancellation. I Additional Requirements , •Certificates of Insurance must be accompanied by a list of all excluded coverages under the general liability and excess/umbrella liability policies. • The general liability and excess/umbrella liability documents must list the corresponding policy numbers referenced on the Certificate of _„� RIAMuagemmtDMebn if t� REVIEWED&APPROVMBY: A-JU AaY44 �� Risk Management Speaa6st POLICYHOLDER COPY F'Iy P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-01-2022 CITY OF SANTA ANA RISK MANAGEMENT DIVISIO SC 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP: POLICY NUMBER: 1476939-2022 CERTIFICATE ID: 32 CERTIFICATE EXPIRES: 08-01-2023 08-01-2022/08-01-2023 JOB:COMPUTERIZED ACCOUNTING 41E FOOTHILL BLVD 201 ARCADIA CA 91006-2361 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. i�.f�^ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2021 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER THE ACCOUNTING ANNEX INC. 41 E FOOTHILL BLVD STE 201 ARCADIA CA 91006 (REV.7-2014) Fri PRINTED RiakMarugzntmtDivrelan ;- o%";. REviewEo&AraRovEO Bv: Air Aavek ®' Risk Management Spedelist