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ROADMASTER DRIVERS SCHOOL OF FONTANA
INSURANCE ON FILE A-2023-069-06 WORK MAY PROCEED UNTIL INSURANCE EXPIRES <lQ,4X CITY CLERK DATE: AGREEMENT FOR WORKFORCE TRAINING D, CtALx)(A THIS SUBAWARD AGREEMENT ("Agreement"), made and entered into this I' (%av1dy day of July, 2023, 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 Roadmaster Drivers School of Fontana, Inc., a for -profit corporation identified by the assigned N Data Universal Numbering System (DUNS) Number (969999023) ("CONTRACTOR"). 0 N cu RECITALS: .w 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 17.258, 17.278, 17.259 and Federal Award Identification Number (FAIN) AA363092155A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of Califomia 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 ("Workforce Training Program"). Qualified Participants are those individuals that are permitted to participate under the Act and approved to participate under the City's Workforce Training Program ("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 Page 1 of 19 willing to provide workforce training services under the Workforce Training Program pursuant to applicable Federal and California laws. H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for CONTRACTOR's participation in the CITY's WIOA and/or SSA Programs and provision of services to Qualified Participants upon the request of the CITY. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the Parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. In compliance with all of the terms and conditions of this Agreement, CONTRACTOR shall provide the CONTRACTOR's Services, as authorized by the CITY's Representative. CONTRACTOR represents and warrants that CONTRACTOR's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the CITY's Workforce Training Program. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in this Agreement. C. CONTRACTOR acknowledges and agrees that CITY shall request that CONTRACTOR provide the CONTRACTOR's Services on an "as requested" basis and that CITY does not guaranty a minimum number of Qualified Participants for whom CONTRACTOR's Services shall be requested and required under this Agreement. CONTRACTOR acknowledges and agrees that CONTRACTOR shall not commence to provide CONTRACTOR's Services to a particular Qualified Participant hereunder unless and until CONTRACTOR receives a Notice to . Proceed from the CITY authorizing the provision of CONTRACTOR's Services to that particular Qualified Participant. CONTRACTOR further acknowledges and agrees that this Agreement and any request for the provision of services hereunder is nonexclusive and that the CITY may enter into similar agreements with other entities for the provision of similar services. D. Time is of the essence in the performance of this Agreement. CONTRACTOR shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. CONTRACTOR shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that CONTRACTOR has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY, CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms Page 2 of 19 of such proposal and this Agreement, the terms of this Agreement shall govern. Specific allocation of services may be changed at the discretion of the CITY and upon mutual agreement of the Parties. F. Compliance with Law. CONTRACTOR's Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the CITY and any Federal, State or local governmental agency of competent jurisdiction. G. CONTRACTOR shall obtain, at CONTRACTOR's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of 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 H. CONTRACTOR shall adhere to all applicable labor standards as required by the Act ("Labor Standards"). I. If funding is through WIOA, CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIOA", attached hereto as Exhibit H and incorporated herein as though fully set forth in 20 CFR 658.411. CONTRACTOR shall advise applicants, where applicable, and Qualified 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. CONTRACTOR, who is an employer, 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 Qualified Participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as applicable. Page 3 of 19 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 Qualified 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 Qualified 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 Qualified 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 Qualified 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 Qualified Participant where costs of training are paid for by any other person or entity. Page 4 of 19 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 drug -free work place and to execute a Drug Free Workplace Certification as set forth in Exhibit E attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Recovery Act of 1992, 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, Title 2 -Grants and Agreements, 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 Page 5 of 19 training programs under the Jobs for Veterans Act published at 73 Fed. Reg. 78132 on December 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 funds. When the America's Job Center logo is used, CONTRACTOR may accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the America's Job Center network". CONTRACTOR shall not use the America's Job Center logo in any mariner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On July 1, 2023 the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act grant of $2,367,690.00 for fiscal year 2023-2024. In addition, on July 1, 2023, 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 $838,964.00 for fiscal year 2023-2024. A portion of both grants in a total amount not to exceed $2,500,000.00 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 desktop 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 Page 6 of 19 funding. 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 $2,500,000.00. 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 continence on the date stated above and continue through June 30, 2027, 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, 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 A. CONTRACTOR 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 CONTRACTOR performs the services which are the subject matter of this Agreement; however, the services to be provided by CONTRACTOR shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONTRACTOR shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 19 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 Eligible Training Provider List (ETPL) Policy and Procedures WSD21-03 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 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 Comptroller General, by and through any authorized representative, as well as the California Workforce Development Board ("WDB") Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 5. No person with responsibilities in the operation of any program under the Workforce Training Program shall discriminate with respect to any Qualified 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 19 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, Qualified Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Development Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 9. Based on the population eligible to be served, or likely to be directly affected by the program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, CONTRACTOR must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 10. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this Agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 11. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 12. CLEAN AIR ACT / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with the Clean Air Act ("CAA")[(42 USC 7401, et seq.]; the Clean Water Act ("CWA") (33 USC 1368); Executive Order 11738 and United States Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: Page 9 of 19 (a) No facility to be utilized in the performance of the proposed grant has been issued a violation from the EPA under the CAA or CWA; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized for the grant is under consideration for issuance of a violation under the CAA or CWA; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 13. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: (a) General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations, which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. (b) Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. (c) Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. (d) Conducting Business Involving Close Personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non -voting member of the Local Workforce Development Board (WDB), a permanent record of the transaction will be retained. Page 10 of 19 (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 that 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 503. VII. HOLD HARMLESS CONTRACTOR agrees to defend, and shall indemnify and hold harmless the CITY, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the CONTRACTOR, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The CONTRACTOR further agrees to indemnify, hold harmless, and pay all costs for the defense of the CITY, including fees and costs for special counsel to be selected by the CITY, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make all reasonable decisions with respect to its representation in any legal proceeding. VIII. INSURANCE A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Page 11 of 19 B. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if CONTRACTOR provides written verification an automobile is not required to perform services.) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if CONTRACTOR provides written verification it has no employees.) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are 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 Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Page 12 of 19 Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 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 insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractormust purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Page 13 of 19 Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. IX. CORPORATESTATUS CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. If receiving WIOA funds, CONTRACTOR acknowledges and agrees that it must follow procurement regulations for contractors (2 CFR 200.317). No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT A. 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 Page 14 of 19 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply, CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement, together with attachments hereto, represents the complete and exclusive statement between the CITY and CONTRACTOR, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONTRACTOR. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONTRACTOR or the CITY. 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 is not embodied herein. 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. Page 15 of 19 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 Qualified Participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES A. 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. B. 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 A. 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 Page 16 of 19 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 Notices provision in Paragraph XVIII herein below. 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: Roadmaster Drivers School of Fontana, Inc. 10251 Calabash Avenue Fontana, CA 92335 Phone: (909) 202-4270 Email: dhudson@roadmaster.com 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. Page 17 of 19 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 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 18 of 19 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above -written. ATTEST: ennifer al er of the 6 un it Sonia R. Carvalho City Attorney By: Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: C ,2 MichaelL. G�ircia Executive Director Community Development Agency "CITY" Kristine Ridge City Manager "CONTRACTOR" By: %L. 1"I, / Name:�B Wadley A."$all- Title: President Tax 1D #: 27-1117384 Page 19 of 19 EXHIBIT A & B Scope of Service & Course Cost nmlow/ ou N DRIVERS SCHOOL SCHOOL CATALOG 2023-2024 • California Edition • Volume 23 / Issue 1 ROADMASTER DRIVERS SCHOOL OF CONTENTS 2 Message from the Board of Directors Mission/Vision/Purpose 2 Licensure and Operation Authority 3 Board of Directors, Officers, Owners 3 History 4 Campus Locations 5 Facilities/Equipment 5 Admission Policies 6 General Information/Credit TransferlCatalog Notice 6-7 Tuition Cost and Fees 8 Cancellation Policy & Refund Policy 9 Academic Policies/Student Conduct 10-13 Veterans' Policies 14 Student Services 15 Student Anti -Harassment Policy 16-19 Student Tuition Recovery Fund 20 School Calendar 21-22 Programs 23-25 Reno THE CATALOG: As a prospective student you are encouraged to read the catalog and its addendum prior to signing your enrollment agreement. You are also encouraged to review the School Performance Fact Sheet which must be provided to you prior to signing an enrollment agreement Photographs: All photographs included in this catalog are of actual Roadmaster vehicles and locations, www.roadmaster.com We are truly honored that you have selected Roadmaster Drivers School as your commercial driver training organization. Students are the most important people on our premises. Our organization is fully committed to the ultimate success of our Students and Graduates. Roadmaster strives to fulfill its mission by providing its Students with some of the highest quality training services available in the industry today. As an industry leader in commercial truck driver training, Roadmaster Drivers School is continuously investing in our training fleet and training personnel to ensure each Student's opportunity to become a professional commercial truck driver is maximized. Simply put, the success of Roadmaster is solely defined by the success of our Students and Graduates. With nearly 30 years of experience in the industry and having successfully trained approximately 160,000 professional entry-level commercial drivers, we are confident that Roadmaster will deliver on its mission and provide you with the foundation needed to become a safe and successful professional commercial driver. Congratulations on your first step to a new career as a professional commercial truck driver and thank you for the opportunity to serve you! Board of Directors Roadmaster Drivers School MISSION STATEMENT The mission of Roadmaster Drivers School is to prepare our students for a career in professional truck driving to meet the fast growing demand for qualified and safe professional truck drivers. By preparing students for a safe and successful career through state of the art training, Roadmaster will work diligently to help every student achieve success, while building a reputation that will ensure valuable future opportunities for our Graduates. Roadmaster's mission will be enhanced and realized through strong community involvement, unwavering commitment to safety, and upholding the value of every individual who enrolls in Roadmaster Drivers School. VISION STATEMENT The vision of Roadmaster Drivers School is to achieve recognition as the industry leader in the training of safe and professional commercial truck drivers. PURPOSE The purpose and objective of Roadmaster Drivers School is to provide cost effective, quality CDL training for future generations of safe and professional truck drivers by providing the best possible training through cutting edge training techniques and the use of late model equipment, while also providing a collegial, pleasant and rewarding work environment for our associates. "The Information contained in this catalog is true and correct in content and policy." President's Signature www.roadmaster.com TENNESSEE State of Tennessee Higher Education Commission Parkway Towers, Suite 1900, Nashville, TN 372433605, 615,741.6230 Roadmaster Drivers School of West Memphis, AR and Roadmaster Drivers School of Chattanooga, Inc. are authorized by the Tennessee Higher Education Commission. This authorization must be renewed each year and is based on an evaluation by minimum standards concerning quality of education, ethical business practices, health and safety, and fiscal responsibility. FLORIDA Licensed by the Commission for Independent Education, Florida Department of Education. Additional information regarding this institution may be obtained by cen- tacting the Commission at 325 W. Gaines Street, Suite 1414, Tallahassee, FL 32399- 0400,toll free telephone number 888.224.6694 NORTH CAROLINA North Carolina Department of Motor Vehicles 1100 New Bern Avenue, Raleigh, N.C. 27699 OHIO Department of Public Safely through the Governors Highway Safety Office 1970 West Broad Street, PO Box 182081 Columbus, OH 43218-2081 614.466.3250 CALIFORNIA Roadmaster Drivers School of Fontana, Inc. is a Florida corporation registered to do business in California. Roadmaster Drivers School of Fontana, Inc. is a private insti- tution that is approved to operate by the Bureau for Private Postsecondary Education: 1747 North Market, Suite 225, Sacramento, CA 95834. 916-574-8900 or 888-370- 7589. www.bppe.ca.gov. Approval to operate means compliance with state standards as set forth in the CEC and 5, CCR. STATEMENT Roadmaster Driver School of Fontana, 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 (5) years, nor has had a petition in bankruptcy filed against 4 within the preceding five (5) years that resulted in reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Sec 1101 at seq.) TEXAS Approved and Regulated by the Texas Workforce Commission, Career Schools and Colleges, Austin, Texas Texas Workforce Commission, Career Schools and Colleges Room 104T101 E. 15th SL, Austin, TX 78778-0001 512.936.3100 hUp:7/texasworkfome.org7careerschoolslstudents PENNSYLVANIA Licensed by: State Board of Private Licensed Schools Pennsylvania Department of Education 333 Market Street, 12th Floor Harrisburg, PA 17126-0333 GEORGIA Georgia Department of Driver Services Regulatory Compliance Division 2206 East View Parkway, Conyers, GA 30013 MISSOURI Missouri Department of Higher Education & Workforce Development 301 West High Street Jefferson City, MO 65101 573522-2384 www.roadmaster.com AR17ONA Arizona Department of Transportation Mail Drop 555M Motor Vehicle Division PO Box 2100, Phoenix, AZ 85001-2100 602-255-0072 MISSISSIPPI Commission on Proprietary School and College Registration 3825 Ridgewood Road, Sixth Floor Jackson, MS 39211 601.432-6518 hftps:lAvww.mccb.eduloffimWpropdetary-schools Licensed by the Mississippi Commission on Proprietary School and College Registration, Certificate No. C-710. Licensure indicates only that minimum standards have been met; it is not an endorsement or guarantee of quality. Licensure is not equivalent to or synonymous with accreditation by and accred. iting agency recognized by the U.S. Department of Education. SOUTH CAROLINA South Carolina Department of Motor Vehicles 10311 Wilson, Blvd., Building C Blythewood, SC 29016 Office of Inspector General SCDMV CDL Compliance/Compliance Reporting 803896-9606 NEBRASKA Nebraska Departmenlof Motor Vehicles Driver Licensing Services, 301 Centennial Mall South, P.O. Box 94766, Lincoln, NE 68509, (402) 471-3861 ALABAMA Alabama Community College System Private School Licensure Division 135 South Union Street Montgomery, AL 36104-4340 334-293-4500 OKLAHOMA Department of Public Safety P.O. Box 11415 Oklahoma City, OK 73136 (405)425-2300 Roadmaster Drivers School is fully licensed to operate in every state where it is located; however, Roadmaster Drivers School is not accredited at any of its locations. The governing authorities of Roadmaster Drivers School will abide by all state statutes and regulations in providing reasonable service to all students and will observe ethical and equitable business standards as required by states. NATIONAL HEADQUARTERS 11300 41h Street, Suite 200, St. Petersburg, FL 33716 727-342-6420 www.madmaster.00m BOARD OF DIRECTORSIOFFICERS Brad Ball, President & Director Paul Sherman, Vice President & Director John E. Kearney, Jr., Secretary, Treasurer & Director OWNERSHIP Roadmaster Drivers School is owned by Career Path Training Corp, a Florida corporation formed under the laws of the State of Florida. The Company was originally formed in 1992 as Roadmaster Drivers School, Inc. In March 1995, Career Path Training Corp, a Florida Corporation was formed as the parent company to better reflect the Company's educational programs and business focus. Career Path currently operates its commercial truck driving Schools through the following subsidiaries: • Roadmaster Drivers School, Inc., opened its first School on the Florida State Fairgrounds in Tampa, Florida in 1992. During its first year of operation, the Company obtained a license to perform as a Third Party Commercial Driver Licensing Examiner for the State of Florida. Focus- ing on maintaining high education and placement standards, the School gained a national reputation in the tacking industry for quality train- ing of entry-level commercial truck drivers. • After conducting various demographic studies, Columbus, Ohio was chosen as the location of the Company's second School. Roadmaster Drivers School of Ohio, Inc. opened in October 1995. • November 1997, a major competitor in the field at the time closed its Jacksonville, Florida School. Career Path re -opened this location as Roadmaster Drivers School of Jacksonville, Inc. • The Orlando, Florida training facility received approval from the Florida Commission for Independent Education to operate in 2002. • September 2002, Roadmaster Drivers School of San Antonio, Inc. began School operations. • August 2007, Roadmaster Drivers School acquired Interstate Driving Academy in Dunn, North Carolina. • October 2009, Roadmaster Drivers School of Fontana, Inc. was established. • January 2011, Roadmaster Drivers School of Chattanooga, Inc. began enrolling Students. This School was renamed Roadmaster Drivers School of Tennessee, Inc. and relocated to Millington TN in July, 2015, • In May 2014, Werner Enterprises, Inc. acquired ownership of Roadmaster Drivers School. • August 2014, Roadmaster Drivers School of Pennsylvania, Inc. was established. • Late Spring 2016, Roadmaster opened a new location near Atlanta, Georgia. • March 2018, Roadmaster opened a new location in Dallas, Texas. • December 2018, Roadmaster's sister school in Phoenix, Arizona started offering classes under the Roadmaster name. • February 2019, Roadmaster opened a new location outside of Kansas City, Missouri. • December 2020, Roadmaster opened a new location in Savannah, Georgia. • March 2021, Roadmaster opened a location in Jackson, Mississippi. • St. Louis, Missouri opened in Summer 2021 becoming the second location in the state of Missouri. • Columbia, South Carolina opened in Fall, 2021. • Conley, Georgia became Roadmaster's third location in Georgia in Winter, 2021. • Omaha, Nebraska school began operating under the Roadmaster name in January, 2022. • Bessemer, Alabama became the first Roadmaster location in Alabama in Winter, 2022. • Roadmaster opened its Fort Worth, Texas campus in Spring, 2022. • Oklahoma City, Oklahoma opened for operations in Spring, 2022. • Roadmaster opened its Houston, Texas campus in Winter, 2022. 4 www.roadmaster.com Roadmaster Drivers School, Inc. (Tampa, FL) Roadmaster Drivers School of Georgia, Inc. 5025 Orient Road, Tampa, FL 33610-3613 (Lithia Springs, GA) 813-626-2400, Fax 813-626-6302 1414 Blairs Bridge Road, Lithia Springs, GA 30122 678-217-8656, Fax 470-282-2700 Roadmaster Drivers School of Orlando, Inc. (Savannah, GA) (Orlando, FL) 30 ArIley Road, Savannah, GA 31408 2580 W. Orange Avenue, Apopka, FL 32703 912-348-7282, Fax 912-348-7281 407-532-3619, Fax 407-532-3597 (Conley, GA) Transport City Drive, Conley, GA 30288 Roadmaster Drivers School of Jacksonville, Inc. 00-831-1300 800- (Jacksonville, FL) 1409 Pickettville Road, Jacksonville, FL 32220-2465 Roadmaster Drivers School (Phoennc, AZ) 904-783-3333, Fax 904-783-3378 2350 S. 48th Avenue, Phoenix, AZ 85043-3800 Roadmaster Drivers School of Ohio, Inc. 602-233-2222 (Columbus, OH) 977 Frank Road, Columbus, OH 43223 Roadmaster Drivers School (Jackson, MS) 614-351-1748, Fax 614351-7422 1500 W. Highland Drive, Jackson, MS 39204 601-203-7829 Roadmaster Drivers School of San Antonio, Inc. (San Antonio, TX) Roadmaster Drivers School (St. Louis, MO) 927 Eddie Road, San Antonio, TX 78219 8000 Hall Street, Lot 1, St. Louis, MO 63147 210-648-8600, Fax 210-648-8606 314-449-7866 (Dallas, TX) 8701 Peterbitt Avenue, Dallas, TX 75241 Roadmaster Drivers School (Columbia, SC) 972-220-9030, Fax 888-281-3308 1602 Andrews Road, Columbia, SC 29201 803-638-7909 Roadmaster Drivers School of North Carolina, Inc. (Dunn, NC) Roadmaster Drivers School (Omaha, NE) 1100 South Clinton Avenue, Dunn, NC 28335 10008 Sapp Brothers Drive, Omaha, NE 68138 910-891-1344, Fax 910-891-1345 402-932-9665 Roadmaster Drivers School of Fontana, Inc. (Fontana, CA) Roadmaster Drivers School (Birmingham, AL) 10251 Calabash Avenue, Fontana, CA 92335 2570 Five Star Parkway, Bessemer, AL 35022 909-202-4270, Fax 909-202-4281 205-760-7292 Roadmaster Drivers School of Pennsylvania, Inc. Roadmaster Drivers School (Fort Worth, TX) (Bethlehem, PA) 309 Successful Drive, Fort Worth, TX 76134 4219 Fdtch Drive, Bethlehem, PA 18020 B17-241-7030 610-365-1037, Fax 610-861-7453 Roadmaster Drivers School (Oklahoma City, OK) Roadmaster Drivers School of Tennessee, Inc. 5801 SW 11th Street, Oklahoma City, OK 73128 (Millington, TN) 405-666-7188 8050 Singleton Avenue, Millington, TN 38053 901-873-3742 Roadmaster Drivers School (Houston, TX) (Grandview, MO) 1224 Normandy Street, Houston, TX 77015 Roadmaster Drivers School 800-831-1300 11903 Grandview Road, Grandview, Missouri 64030 816-541-7774 SCHOOL FACILITIES AND EQUIPMENT • All school locations have administrative offices, spacious classrooms, and computer labs. The schools maintain specially designed field -driving courses where students practice backing, coupling, uncoupling, and docking. Roadmaster provides equipment for Com- mercial Driver Licensing (CDL) testing at all locations after graduation. Many locations are also authorized CDL testing sites. • Roadmaster owns a Fleet of late model tractor -trailers used exclusively for student training and testing. All equipment is operated under licensing of the states in which they are registered. • The National Headquarters' office located in St. Petersburg, Florida, provides support to all of the locations in administrative, opera- tions, and personnel areas. • Roadmaster's training facility in California is at 10251 Calabash Avenue, Fontana, CA 92335. CATALOG QUESTIONS Any questions a student may have regarding this catalog that have not been satisfactorily answered by Roadmaster Drivers School of Fontana, Inc. may be directed to the Bureau for Private Postsecondary Education at 1747 North Market, Suite 225, Sacramento, CA 95834.916-574-8900 or 888- 370-7589. www.bppe.ce.gov. www.roadmaster.com OPEN DOOR ADMISSIONS POLICY • Roadmaster admission is open to all applicants who desire to obtain a career skill in professional truck driving. • Applicants are screened by interview with an admissions advisor to determine their ability to benefit from the training provided. AFFIRMATIVE ACTION POLICY AND NONDISCRIMINATION STATEMENT • All applicants are interviewed and considered for admission without regard to race, creed, age, gender, religion, national origin, disa- bility, handicap, sexual orientation, gender identity, marital status or veteran status, or any other characteristic protected by applicable law except where age, sex, or physical status is a bona fide occupational qualification. • All considerations for educational opportunities are provided free of any and all discriminatory practices. • Any applicant expressing interest in training opportunities offered by Roadmaster is given full encouragement to make application for admission. • Roadmaster recognizes and fulfills its obligations under the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973, and similar state laws. These Acts prohibit discrimination on the basis of a disability and require reasonable accommodations to qualified individuals with disabilities. ADMISSIONS REQUIREMENTS • Interview with an Admissions Advisor or Agent. • Be eighteen (18) years of age to drive intrastate or at least twenty- one (21) years of age to drive interstate. • Be beyond the age of compulsory high School attendance. • Have a valid driver's license in your possession at the time of enrollment. • Provide a social security card and valid government issued photo identification. • Complete enrollment agreement. • Obtain an acceptable US Department of Transportation physical and acceptable US Department of Transportation verified negative drug screen in accordance with FMCSA regulations. (The approximate cost of physical and drug screen is $160 which is not included in tuition). • Have a satisfactory criminal background and motor vehicle record. • Agree to remain drug free and agree to random, post -accident and suspicion -based drug and/or alcohol testing during training, • Able to sufficiently read and speak the English language to converse with the general public; to understand highway traffic signs and signals in the English language; to respond to official inquiries; to make entries on reports and records, as required by applicable FMCSA regulations (See Additional Special Entrance Requirements below); • No language services are provided; instruction is in English only. • Receive recommendation by Admissions Advisor of eligibility for acceptance. • Pay all fees including registration fee, if applicable, as reflected on the enrollment agreement. • Acceptance of application by School Manager. ADDITIONAL SPECIAL ENTRANCE REQUIREMENTS All applicants must supply proof of (1) secondary education (United States High School Diploma or Equivalent); *(2) successful completion or equivalent of one full-fime academic semesteror quarter at an accredited United States postsecondary school;* or (3) proven ability -to -benefit by obtaining minimum acceptable raw score of 200 by taking the Wonderlic Verbal examination, computer version. The Education Department ad- ministers the test An applicant may take a second entrance test the same day as selected by the Wonderlic system. Two versions are used by Roadmaster and the computer will automatically select the opposite version of the one the student previously took and failed. These requirements apply to applicants in addifion to the General Entrance Requirements named above. *Proof of secondary education or proof of post -secondary education (1) and (2) above, must be from programs taught exclusively in English. PROFESSIONAL LICENSE REQUIREMENTS According to California's Commercial Driver Handbook, in order to get a CDL Learners Permit, applicants must be at least 18 years old and must have a valid driver license. To get a California CDL, applicants must be at least 18 years old for intrastate driving and must be at least 21 years old for interstate driving. Applicants must also supply the following: completed CDL application, true full name, an approved Medical Exam Report Form, an acceptable birth date/legal presence document, social security card, a certificate of driving skill, and the application fee. Additional details can be found in the California Commercial Driver Handbook: dmv.ca.gov or by calling 1-800-777-0133. www.roadmaster.com CREDIT FOR PRIOR TRAIN]NGIEXPERIENCE • Individual consideration for credit will be given to an applicant who has prior formal training. • An evaluation of the applicants previous training, and driving ability will be conducted by the School Manager. • Applicant must submit a certificate of completion or diploma and course outline as well as transcripts at time of application for credit consideration. • Credit for a portion of the program, if given, will result in an adjustment to the full tuition. • Credit awarded is at the sole and absolute discretion of the School and will not exceed 25% of the training time required to graduate. PROVISIONS FOR APPEAL Refer to page 10. TRANSFER OF CREDIT TO OTHER SCHOOLS • Roadmaster neither implies nor guarantees that credit for courses completed at Roadmaster will be accepted by any other institution • Each institution has individual policies that govern the acceptance of credit transfer. • Transfer of Credit information for Veterans —page 14. ARTICULATION AGREEMENTS Roadmaster Drivers School of Fontana, Inc. does not have articulation agreements with any other institution for transferability of credits. COMPLETION TIME All students are expected to complete the required training program within the same time period as all students that start training on the same date. Special consideration will be granted for requested leave from training. (See Leave of Absence — page 12.) CANCELLATION OF CLASSES If the School is unable to provide training for any reason beyond its control, such as, but not limited to hurricanes, floods, etc., the School reserves the right to suspend training for a period of not more than 120 days. Any student affected by such action may return to the School to complete training at no additional tuition charge. In case of a change of training location, a notice will be sent to each student for approv- al. If the student does not approve the change of location, a refund shall be made in accordance with the stated refund policy. CATALOG NOTICE This catalog applies to Roadmaster locations in CALIFORNIA ONLY. If you are a Student or prospective Student of any other Roadmaster locations, you should request a catalog specific to that location. All Students are expected and encouraged to read this Catalog. ACCREDITATION STATEMENT Roadmaster Drivers School is fully licensed to operate in every state where it is located; however, Roadmaster Drivers School is not ac- credited at any of its locations. I Students without a CDL Permit will not be able to Complete couraework at Roadmaster Drivers School. www.roadmaster.com TUITION COST AND FEES: $7,552.50 Includes $7,495.00 Tuition, $40.00 Consumer Report Fee, $20.00 Student Tuition Recovery Fee, all required materials, and equipment for one attempt at the CDL exam at no additional cost. Career Guid- ance and Placement Assistance are provided to students and/or graduates at no additional charge. Only authorized place- ment personnel are permitted to provide placement assistance to students/graduates. Instructors are not permitted to pro- vide placement assistance. Students pay an approximate additional $160 for DOT drug screen and physical and required background check which may be completed through Roadmaster or a third party. Students are responsible for travel, meals, housing (if required) and incidental expenses not directly related to training. Students are also responsible for repeat at- tempts at the CDL exam and the costs associated with endorsements if desired. Administrative staff can answer questions regarding tuition costs and fees. TITLE IV FUNDING Roadmaster Drivers School of Fontana, Inc., is not approved by the US Department of Education to receive Title IV funding on behalf of its students. FINANCING Students who obtain financing to pay for their education have the responsibility to repay the full amount of the financing plus finance charg- es, less any refund; if the student has received federal student financial aid funds, the student is entitled to a refund of the monies not paid from federal student financial aid program funds. Federal student loans under Title IV are not available to students of Roadmaster. SCHOLARSHIPS Roadmaster is an active member of various state school associations that offer scholarships to individuals making application for consider- ation. If a student is eligible for a scholarship from some other source, the School will assist the student in making application. NOTICE CONCERNING TRANSFERABILITY OF CREDITS AND CREDENTIALS EARNED AT OUR INSTITUTION The transferability of credits you earn at Roadmaster Drivers School is at the complete discretion of an institution to which you may seek to trans- fer Acceptance of the certificate you earn in Commercial Truck Driver Training is also at the complete discretion of the institution to which you may seek to transfer. If the credits or certificate that you earn at this institution are not accepted at the institution to which you seek to transfer, you may be required to repeat some or all of your ooursework 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 Roadmaster Drivers School to determine if your credits or certificate will transfer. www.roadmaster.com CALIFORNIA CANCELLATION POLICY • If a student is unable to pass the Department of Transportation (DOT) physical examination, all tuition paid will be refunded upon proof of failure to pass less the cost of any additional expenses incurred such as hotel, meals, drug/physical. • In the event a course is discontinued by the School, all tuition paid by the student will be refunded less additional expenses incurred. • If the School discontinues training or changes locations that prevent the student from attending, the student is eligible for a full refund less additional expenses incurred. • You may cancel your enrollment agreement within seven (07) business days from the date you sign or the first day of class, whichever is later. To cancel, deliver any written notice to the School Manager or by mail to 11300 4th Street North, Suite 200, St Petersburg, FL 33716. CALIFORNIA REFUND POLICY • If an applicant is not accepted by ROADMASTER, all monies paid by the applicant will be refunded, less additional expenses incurred. • If the applicant notifies the school of the desire to cancel the enrollment agreement, in any form, within seven (7) business days of signing the agreement or through the first day of class whichever is later, all monies less additional expenses incurred paid by the applicant will be refunded. • The effective date of cancellation for calculation for refund purposes will be the earlier of the date of receipt of the notice from the stu- dent or the last date of attendance by the student. REFUND SCHEDULE Within seven (7) business days or through the first day of class whichever is later 100% -less additional expenses incurred After start of training, but before completion of all required program hours Pro-rata computed on the number of hours completed to the date of cancellation —less additional expenses incurred After completion of the required program hours NO REFUND — Full tuition due. • You may voluntarily withdraw from training at any time by notifying the School Manager verbally or in writing. All requests for refunds of tuition paid should be submitted to the School Manager in writing. • All refunds will be made within thirty (30) days of receipt of cancellation or termination of training. All monies paid are applied in the following order: Consumer Report Fee, DOT Drug Screen, DOT Physical, Lodging Expense. Any remaining amounts will be applied towards tuition due. TUITION REFUND CALCULATION To calculate your tuition refund, divide the number of hours you actually attended by the total program hours of 180. Multiply the result of that calculation times the full tuition amount of $7,495.00. As an example, Student A attends 110 hours of the full 180 hours program. If the Student withdrew from training the refund would be calculated as follows: 110 hours attended / by 180 total program hours = .6111 x $7,495 = $4,580.28. Student A would owe $4,580.28 in tuition. Any amounts paid in excess of $4,580.28 less additional expenses in- curred would be refunded to Student A. If the amount Student A paid is less than $4,580.28, Student A would receive an invoice for the balance due. Formula: Hours Attended - Total Program Hours x $7,495.00 Total Tuition = $ Amount of Tuition Owed ADDITIONAL EXPENSES Additional expenses include but are not limited to hotel, meals, DOT physical, drug screens, California Student Tuition Recovery Fee, transportation to and from Roadmaster, and other training related costs not included in the tuition and fees described above are NOT subject to the cancellation and refund policy at Roadmaster and are non-refundable upon receipt of service. www.roadmaster.com JCHOOL CALENDAR • Classes are held on a twelve (12) month basis with students enrolling at any time throughout the year; • New full-time classes begin every Monday; • Day classes begin at 7:30 am and end at 5:30 pm; • Full-time classes consist of 180 clock hours' of training, 9 hours each day for 20 days. • Classes are not held on the following holidays; however, lost training time will be made up during the designated training period. The special school holidays are: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiv- ing and Christmas Day. Holidays falling on the weekend will be observed the previous Friday for holidays falling on Saturday and on the following Monday for holidays falling on Sunday. • Refer to calendars on pages 21-22 in this catalog. • Class schedules are subject to change without notice. Please speak with the School Manager if you have questions about your schedule. "Clock Hour is equal to 50 minutes of instruction in the classroom, lab, range, behind -the -wheel, road driving, and includes observation time. CLASS SCHEDULES Day classes begin at 7:30 am and end at 5:30 pm Monday through Friday. Morning, afternoon, and lunch breaks are provided for all stu- dents. APPEAL PROCESS/GRIEVANCE PROCEDURE Students may appeal any decision, policy, and/or procedure that they feel has an adverse affect upon their opportunity to complete a pro- gram at Roadmaster. Such instances may include: dismissal, involuntary withdrawal, or grade received in a class. The following proce- dures must be followed in order to make a proper appeal: • Speak with the Lead Trainer. • If not satisfactorily resolved, speak with the School Manager. • School Manager will notify student of decision. • If not satisfied, address the complaint to the Corporate Office and request an appointment: Compliance Department at 11300 4th Street N., St. Petersburg, FL 33716, 727-342-6420 ext. 5001238 or 5001232. • 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. • Students who receive funding from a state or workforce (WIOA) agency should contact their counselor at that agency. GRADUATION REQUIREMENTS In order to graduate from Roadmaster Drivers School: • Student must have completed at least the minimum hours of training required for the program and demonstrated required proficiency. • Achieved at least an 80 overall grade in each course. • Student must pass General Knowledge (CTD 101), Hours of Service and Trip Planning (CTD 102), Pre -Trip Inspections (CTD 103), Backing & Skills (CTD 104) and Road Driving (CTD 105) and meet all other requirements in the School Catalog to be considered a graduate and receive a Certificate of Completion. Any probationary training hours given beyond 100% of the total program hours are given at the sole discretion of school management. A CDL Examinafion will only be scheduled upon successful completion of a Pre - Trip Inspection Evaluation, Basic Control Skills Evaluation and Road Driving Evaluation. • Students are allowed a maximum of two (02) attempts at the examination(s) for CTD 101 and CTD 102. Students are permitted mulfi- ple attempts at the final evaluations for CTD 103, CTD 104 and CTD 105 within the maximum training hours offered. The minimum passing scores for CTD 103, CTD 104 and CTD 105 are as follows: ° CTD 103 — a minimum of 72 correct on the full Pre -Trip Inspection Final Evaluation. ° CTD 104 — no more than 7 cumulative errors on the Basic Control Skills Final Evaluation. CTD 105 — no more than 20 cumulative errors on the Road Driving Final Evaluation CERTIFICATE OF COMPLETION Upon graduation, the graduate will receive a Certificate of Completion and assistance in obtaining the Commercial Driver License (CDL). Issuance of Commercial Driver's License is not nuarenteed. 10 www.roadmaster.com GRADING SYSTEM 80 to 100 = Passing Below 80 = Not Passing STANDARDS OF SATISFACTORY ACADEMIC PROGRESS • Training instructor's approval is required for each phase of the training before the Student may advance to the next phase. • When a Student does not meet specific standards for a phase of training, additional instruction may be required and given. • Additional training time will be provided pursuant to the School's Probationary Training Procedures, a copy of which is available from the School Manager. • Amount of time spent on any field -training topic may vary among Students. • All Students are required to maintain at least an 80 in each course. • Questions regarding Roadmasters SAP policy should be directed to the School Manager. ACADEMIC PROBATION • Students who do not maintain an 80 in each course may be placed on probation. • Students on probation who are able to improve the grade to an 80 and can be certified as proficient by the instructor, will be consid- eied for graduation. • Students failing to improve the grade to an 80 will be terminated from the school. ATTENDANCE POLICY • Attendance at each scheduled class is required and is recorded in the official records of the School. • Students are required to report to class on time ready to commence training. • Any absence may be cause for the interruption and/or delay of a Student's training. • Unexcused absences from training will be treated as follows: 1A unexcused absence — grounds for immediate dismissal of the Student from the School, in the discretion of the School Manager. • 2nd unexcused absence — immediate dismissal of the Student from the School. • Students are required to notify the School Manager when they know they will be absent ortardy. • Absences may be considered excused, in the sole discretion of the School Manager, upon presentation of satisfactory documentation showing the necessity of the absence (examples — doctors note, obituary notice or death certificate, legal subpoena). • All missed classes must be made up prior to graduation. • It is the responsibility of the Student to schedule make-up time with the Lead Trainer. • Make-up time will be provided as available based upon training time and personnel availability at the School. DISMISSAL POLICY Students may be dismissed from School for the following: • Failure to maintain satisfactory academic progress (SAP). • Violation of the Attendance Policy. • Repeated tardiness, defined as being late for training 3 or more times during the Program. • Failure to adhere to, or violation of the Student Conduct Policy or violation of any other established policy or procedure of the School which includes engaging in any unsafe act during training at any time. • Failure to comply with all course requirements. • Failure to respond to a School inquiry or request. www.roadmaster.com 11 RE-ENTRY POLICY • Reinstatement of a dismissed student will be based on individual circumstances. • Student may be required to wait until his/her class has graduated before re-entry will be considered. • Student desiring to re-enter school must apply to the School Manager. • The School Manager must approve all re-entries. WITHDRAWAL POLICY • A student who withdraws or is withdrawn is eligible for a refund of tuition based on the applicable state refund policy as stated in the enrollment agreement and catalog. • A student may be involuntarily withdrawn due to violation of school policies. • Any student who wishes to formally withdraw from Roadmaster Drivers School should speak with the School Manager. LEAVE OF ABSENCE POLICY • In cases of extenuating circumstances, and upon written request to the School Manager, a leave of absence (LOA) may be granted. • LOA indicates that the student intends to resume training. • If a student on LOA does not re-enter school within thirty (30) school days or sixty (60) calendar days, the student will be dismissed. • Only one (1) LOA will be granted to a student in a twelve (12) month period. • Any student not returning from an LOA or not completing the training within the prescribed time frame may be withdrawn from the program and subsequently eligible for a refund of tuition based on the applicable state refund policy as stated in the enrollment agree- ment and catalog. • The School may also place a student on an administrative LOA under certain circumstances. MAKE-UP POLICY • Student is responsible for making arrangements with the School Manager. • All missed class work must be made up prior to being eligible to graduate. DRESS CODE • Always dress appropriately for the forecasted weather conditions. Depending on weather conditions Students may wish to bring sun- screen, hats, bottled water/sports drinks/coffee, winter jackets/sweaters, gloves, pocket warmers and any other items appropriate for the prevailing conditions. • Closed toed, fully enclosed shoes such as boots or sneakers must be worn at all times. Open -toed shoes such as flip-flops and san- dals are not permitted. Shoes with an open back are not permitted. • Students should wear either pants or shorts and long -sleeve or short -sleeve shirts (depending on prevailing weather conditions) during training. • No tank tops or excessively baggy clothing may be worn during training. • No clothing with any offensive or derogatory slogans or images, as determined in the School's discretion, may be worn. • No clothing deemed a safety hazard may be worn as determined by the School Manager. • Individuals failing to adhere to the School's dress code will be sent home to change. Students may return to training once in proper dress. All make-up for training hours missed as a result of dress code violations is the responsibility of the Student and will be provid- ed based upon availability of training time and personnel. RECORDING POLICY Roadmaster Drivers School prohibits the recording of any kind while on our premises. Proprietary materials provided to indi- viduals for training purposes may not be duplicated in any form for any purpose. Individuals who make recordings regardless of whether they are video, audio, or both are subject to dismissal from school. The School's campus may be subject to video and/or audio recording and monitoring at all times, which may include the recording and/or monitoring of tele- phone calls and email communications. 12 www.roadmaster.com STUDENT CONDUCT POLICY Roadmaster Drivers School strives to provide high quality training services to all Students. Roadmaster Students are expected to conduct themselves in a manner that will reflect credit to the School, the community, and themselves at all times while on campus and while en- rolled as a Student at Roadmaster Drivers School. All Students are expected to treat other Students, Roadmaster personnel, and any third parties with respect and dignity at all times. Violations of, or engaging in, any of the following prohibited behavior or failing to meet the con- duct expectation above may result in immediate dismissal from School with tuition to be charged in accordance with the Refund Policy con- tained in the Enrollment Agreement: • Consumption of alcohol or alcoholic beverages during training or appearing for training under the influence of alcohol. The possession of or use of illegal or illicit drugs or non -prescribed medication during training or while enrolled in Roadmaster Drivers School. All Stu- dents are subject to random and suspicion -based drug and alcohol testing during the entire period of enrollment in Roadmaster Driv- ers School. • Exhibiting or engaging in disruptive behavior and/or the use of profanity or other derogatory language. Disruptive behavior includes, but is not limited to, any behavior whatsoever that distracts other Students during training, or, that hinders instructional staff from providing quality instruction to Students. • Exhibiting or engaging in any physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct that threatens or unreasonably endangers the mental or physical health, safety or reputation of any person or oneself, including any such conduct achieved through means of social media or any other means of electronic communication. • Violation of Roadmaster's Student Harassment, Sexual Misconduct and Sexual Violence policy or harassment, discrimination or retali- ation in any form directed towards any other Student, Roadmaster personnel or any third parties, which includes sexual harassment, sexually suggestive comments orjokes, the use of racially charged language or the negative treatment of any other Student, Road - master personnel or any third parties on the basis of a protected classification under applicable rules and regulations. • The possession of any form of weapon, including guns and knives, while on Roadmaster premises, at the hotel, or in Roadmaster equipment. • Failure to comply with directions and/or instructions of Roadmaster personnel and/or law enforcement officers, which includes the failure to identify oneself to these persons when requested to do so. • Attempted or actual theft of and/or damage to Roadmaster property or property of another person on or off campus. • Convictions of any felonies or misdemeanors while enrolled in School including but not limited to illegal trafficking of drugs, the unlaw- ful possession of drugs or alcohol, or operating any type of conveyance under the influence of drugs or alcohol. Individuals arrested while enrolled may be required to withdraw from training pending the outcome of the case. • Violation of any campus rule, policy or regulation established by Roadmaster, or engaging in unsafe actions or practices during train- ing. • Cheating on any quiz, test or evaluation during training, furnishing false information to any Roadmaster personnel or forgery, alteration or misuse of any Roadmaster document or record. • Use of Roadmaster computers for any purposes other than training related matters. • Failure to have a valid Commercial Leamers Permit, Driver's License, and Medical Examiners Certificate in your possession at all times while operating Roadmaster equipment. • Smoking in areas other than the designated smoking areas. • Violation of hotel rules and conduct policy. Any problem in training should be reported to the School Manager immediately. www.roadmaster.com 13 Student eligibility for Veterans Education Benefits is established by the Veterans Administration. Initial eligibility and continued eligibility during enrollment is determined by the VA. The following policies are applicable to Students receiving VA Benefits: VETERANS' ATTENDANCE POLICY VA students must adhere to the same attendance policy as other students attending Roadmaster. In addition to the attendance policy stat- ed in this catalog, students receiving VA benefits in order to attend Roadmaster, must also adhere to the following: • Excused absences will be granted for extenuating circumstances only and must be substantiated by entries in the student's academic file. • Legitimate documentation of why the absence occurred must be turned in to the Director of Training within a week of the absence. • Early departures, class cuts, and tardies for any portion of an hour will be counted as a full hour of absence. • Students exceeding three (3) days of unexcused absences in a calendar month will be dismissed for unsatisfactory attendance. STANDARDS OF SATISFACTORY PROGRESS FOR VA STUDENTS Students receiving VA benefits are required to maintain satisfactory progress to remain in good academic standing. Satisfactory Academic Progress for VA students is defined as follows: • A veteran must maintain an overall grade of at least 80 at the end of each course. • If the cumulative grade falls below 80 the Student will be placed on probation for the next evaluation period. • If the grade remains below 80 at the end of the next evaluation period, the VA will be notified of the probation, thus leading to the ter- mination of the benefits. • VA Students may request reinstatement after a full term of dismissal has passed. • Grading Period is defined as Weekly. Students are evaluated daily and evaluation results are discussed with each student at least weekly. VETERANS' REFUND POLICY The refund of the unused portion of tuition, fees, and other charges for veterans or eligible persons who fail to enter a course, withdraw or discontinue prior to completion, will be made for all amounts paid which exceed the approximate pro rata portion of the total charges that the length of the completed portion bears to the total length of the course. The proration will be determined on the ratio of days or hours of instruction completed to the total number of instructional days or hours in the course. VETERANS' TRANSFER OF CREDIT POLICY Student Veterans enrolled at Roadmaster are required to provide proof of previous post -secondary training (including transcripts) by the time they begin classes with Roadmaster. Veteran students who have never attended post -secondary training prior to attending Roadmas- ter w ll be required to sign a statement of no prior training. LEAVE OF ABSENCE POLICY If a Leave of Absence is requested and approved by Roadmaster for a VA Student, VA education benefits will be terminated while the VA Student is on the Leave of Absence. TITLE 38 COMPLIANCE Roadmaster Drivers School will permit any covered individual to attend Roadmaster's Commercial Truck Driver Training Program during the period beginning on the date on which the individual provides Roadmaster with a certificate of eligibility for entitlement to educational assistance under chapter 31 or 33 and completes all other required enrollment paperwork and meets all entrance requirements, and ending on the earlier of (i) The date on which the Secretary provides paymentfor such course of education to such institution or (ii) The date that is 90 days after the date on which Roadmaster certifies for tuition and fees following receipt from the student such certificate of eligibility. Roadmaster Drivers School will not impose any penalty, including the assessment of late fees, the denial of access to classes, libraries or other institutional facilities, or require that a Chapter 31 or Chapter 33 recipient borrow additional funds to cover the individual's inability to meet his or her financial obligations to Roadmaster Drivers School due to the delayed disbursement of a payment by the U.S. Department of Veterans Affairs. The covered individual will be responsible for payment of the difference between the amount of the covered individual's financial obligations to the school and the amount of the VA education benefit disbursement. 14 www.roadmaster.com • The basic goal for Roadmaster Drivers School is to provide training in order for the graduate to become employed. • Roadmaster maintains personnel whose efforts are directed at placement assistance for the graduates. • Employment is not guaranteed. • Salary earned is not guaranteed. • A specific number of behind the wheel hours is not guaranteed. • The Placement Assistance Department assists the student to make the transition from school to work. • It is the responsibility of the student to commit personal effort in searching for employment opportunities. • Students are given instructions on completion of employment applications and interviewing techniques during training. • Prior to graduation, each student is given individual guidance and information about companies that are currently hiring graduates of Roadmaster. • The School's Placement Assistance Department may not be able to assist the student in finding a position in the trucking industry if the student has been convicted of a felony; if the student has been convicted of any offense involving the use of alcohol or drugs; if the student's driving record contains multiple traffic offenses in the prior three (3) years or if the student's driver license has been sus- pended or revoked for any cause. ROADMASTER DOES NOT GUARANTEE EMPLOYMENT. FINANCIAL AID SERVICES • Students are responsible for payment of tuition and fees in accordance with their enrollment agreements. • The school finance department will provide assistance to the student regarding tuition financing. • See page 8 for additional information. RECORDS RETENTION • Academic progress records are maintained at the school and progress records are periodically provided to the student during the training program. • Transcripts are provided to students upon graduation. • Permanent records are maintained at the Administrative Offices and are available to graduates and employers upon request. STUDENT HOUSING • Roadmaster maintains a relationship with a local hotel which out-of-town students may access for an additional cost while attending classes at Roadmaster. • Third party housing is available at hotels and private rentals within a twenty-five (25) mile radius around the school. Short term rentals in the area such as hotels and private rentals range from $66.00 - $328.00 or more per night. Students may access such short term rentals by contacting local hotels or through use of third -party rental applications. • The School has no dormitory facilities under its control and has no responsibility to find or assist Student with housing arrangements. STUDENT LEARNING RESOURCES I • Roadmaster students all receive access to the state CDL manual as part of their training materials. Students are able to access the computer lab for training and Internet access to other resources. UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL CODE The United States Department of Labor Occupational Code for which this training program was created Is SOC 53-3032 Heavy and Tractor Trailer Truck Drivers. www.roadmaster.com 15 ROADMASTER DRIVERS SCHOOL intends to provide an educational environment that is free from harassment of Students based on sex, race, color, religion, national origin, age, sexual orientation, gender identity, disability, veteran, marital status, or any other characteris- tic protected by applicable law. This policy prohibits any Student, employee, or visitor from harassing another Student, employee, or visitor at any Roadmaster Drivers School location on the basis of sex, race, color, religion, national origin, age, sexual orientation, gender identity, disability, or veteran or marital status. SEXUAL VIOLENCE Sexual violence is defined as a sexual act committed against someone without that person's freely given consent. Sexual violence is divid- ed into the following types: • Completed or attempted forced penetration of a victim. • Completed or attempted alcohol/drug-facilitated penetration of a victim. • Completed or attempted forced acts in which a victim is made to penetrate a perpetrator or someone else. • Completed or attempted alcohol/drug-facilitated acts in which a victim is made to penetrate a perpetrator or someone else. • Non -physically forced penetration which occurs after a person is pressured verbally or through intimidation or misuse of authority to consent or acquiesce. • Unwanted sexual contact. • Non -contact unwanted sexual experiences. CONSENT Sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity. Communicating consent. • Consent to sexual activity can be communicated in a variety of ways, but one should presume that consent has not been given in the absence of clear, positive agreement. • While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sex helps to clarify consent. Communicating verbally before engaging in sexual activity is imperative. However potentially awkward it may seem, talking about your own and your partner's sexual desires, needs, and limitations provide a basis for a positive experience. • Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of "no" should not be understood to mean there is consent. • A prior relationship does not indicate consent to future activity. • A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, is not capable of giving valid consent. • The use of alcohol or drugs may seriously interfere with the participants'judgment about whether consent has been sought and given. DRUG OR ALCOHOL FACILITATED SEXUAL VIOLENCE In cases of drug -facilitated sexual assault, survivors often blame themselves. Remember —you are not to blame. Someone took advantage of you, and that is not your fault. What is drug facilitated sexual assault? Drug -facilitated sexual assault occurs when alcohol or drugs are used to compromise an individual's ability to consent to sexual activity. These substances make it easier for a perpetrator to commit sexual assault because they inhibit a person's ability to resist and can prevent them from remembering the assault. Drags and alcohol can cause diminished capacity, a legal term that varies in definition from state to state. 16 www.roadmaster.com You may have heard the term "date rape drugs" to refer to substances that can aid a perpetrator in committing sexual assault. Drug - facilitated sexual assault can happen to anyone, by anyone, whether the perpetrator is a date, a stranger, or someone you've known for a while. Now does a perpetrator use drugs and alcohol? Drug -facilitated sexual assault occurs in two ways: when the perpetrator takes advantage of a victim's voluntary use of drugs or alcohol or when the perpetrator intentionally forces a victim to consume drugs without their knowledge. Some victims blame themselves for drinking too much at a party or putting themselves in a potentially dangerous situation. It's important to remember that if a sexual assault occurs under these circumstances, it is still not your fault. The blame falls on the perpetrator who took advantage of you. A perpetrator may intentionally drug a victim, resulting in a situation where it is easy to manipulate the circumstances and commit an as- sault. Perpetrators use a variety of substances to incapacitate a victim. Alcohol is the most commonly used substance in drug -facilitated sexual assault. Prescription drugs like sleep aids, anxiety medication, muscle relaxers, and tranquilizers may also be used by perpetrators. Street drugs, like GHB, rohypnol, ecstasy, and ketamine can be added to drinks without changing the color, flavor, or odor of the beverage. How will know ifl've been drugged? Depending on the substance, the initial effects of a drug can go unnoticed or become apparent very quickly. Being familiar with the warn- ing signs can help alert you to the possibility of drugs in your system. If you notice any of the following warning signs in yourself or some- one you know, reach out to someone you trust immediately. If you notice these symptoms in another person, you can take steps to keep that person safe: Nausea. Loss of bowel or bladder control. Difficulty breathing. Feeling drunk when you haven't consumed any alcohol or very limited amounts. Sudden increase in dizziness, disorientation, or blurred vision. Sudden body temperature change that could be signaled by sweating or chattering teeth. Waking up with no memory, or missing large portions of memories. RISK EDUCATON AND PERSONAL PROTECTION It is important to under the Risks associated with certain behaviors as they related to Sexual Violence and Sexual Harassment both on and off campus. The following should be considered in guarding against potential incidences of Sexual Violence and Sexual Harassment: Be aware of your surroundings at all times. Do not venture into unknown or unsafe areas. Inform friends or family of your plans and make a point to check -in with them on a regular basis. Avoid consuming any amount of alcohol which would impair your faculties orjudgment. Do not accept an open container of food or drink. • If you feel uncomfortable or unsafe in any situation, do not be afraid to contact the School Manager or local law enforce- ment for help. Consider keeping a noise making device such as a whistle or horn with you at all times to alert others in case you are in distress. Contact local law enforcement or the women's crisis center for additional information on steps you can take to guard against Sexual Violence or Sexual Harassment. www.roadmaster.com 17 FORMS OF PROHIBITED HARASSMENT AND SEXUAL MISCONDUCT A. Any verbal, physical or other conduct based on a person's sex, race, color, religion, national origin, age, disability, or veteran or marital status that has the purpose or effect of threatening or intimidating or coercing another, or impairing academic per- formance, career development, or any other aspect of education is prohibited harassment. This policy not only prohibits instructor harassment of students, it also prohibits misconduct by any member of our educational community toward an in- structor, staff member, or a fellow student. B. Prohibited harassment (including sexual harassment) does not refer to behavior or occasional compliments of a socially acceptable nature. However, some behavior that is acceptable in a social setting may not be appropriate in the workplace or school setting. It refers to behavior that is not welcome, that is personally offensive, that fails to respect the rights of others, that lowers morale and, therefore, interferes with academic performance. C. The victim does not have to be the person toward whom the unwelcome conduct is directed, but may be someone who is affected by such conduct when it is directed toward another person. For example, the harassment of an employee or student may create for another employee or student an intimidating, hostile, or offensive environment. D. Any act of "quid pro quo" ("something for something") sexual harassment, where a student, supervisor, instructor, or other employee with the power or authority to grant or withhold benefits or privileges, demands sexual favors in exchange for ben- efits or privileges. No student or employee should so much as imply that another student or employee's "cooperation" with sexual demands will have any effect on academic performance, career development, or any other aspect of education. E. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when sub- mission to or rejection of such conduct is used as the basis for decisions or has the purpose or effect of unreasonably inter- fering with an individual's performance or creating an intimidating or hostile environment. F. Examples of conduct that is prohibited by this policy include, but are not limited to, the following: • Explicit or implicit demands for sexual favors in return for benefits or privileges. • Unwelcome letters, e-mail communications, or telephone calls of a sexual nature. • Distribution or display of materials of a sexual nature, including posters, screen savers or computer graphics, cal- endars, or pictures of men or women who are dressed in a suggestive manner. • Using Roadmaster Drivers School's facilities, time, or resources in relation to any form of entertainment which tends to present men or women as sexual objects. • Physical assaults of a sexual nature or coerced sexual contact. • Unwelcome and deliberate touching, leaning over, cornering, pinching, or other untoward sexual behavior. • Unwelcome sexually suggestive looks or gestures. • Unwelcome pressure for sexual favors or dates. • Unwelcome teasing, jokes, remarks, innuendos, insults, questions, or vulgar language that relates to or is based on a person's sex. Students and staff are asked to be mindful of others around them. Comments not intended as harassment, and not perceived as such by the person to whom they are directed, may be offensive and unwel- come to another employee or student who overhears them. • Affording favorable treatment to those who grant sexual favors, or unfavorable treatment to those who refuse to submit to or reject requests for sexual favors. • Drug and Alcohol facilitated sexual misconduct whether consumed voluntarily or involuntarily by either the victim or the assailant. • This policy prohibits sexual harassment of people of the opposite sex (male toward female, female toward male) or people of the same sex (male toward male, female toward female). This policy not only prohibits instructor sexual harassment of students, it also prohibits misconduct by any member of our educational community toward an in- structor, staff member, or a fellow student. STUDENT RESPONSIBILITIES FOR REPORTING PROHIBITED HARASSMENT, INCLUDING SEXUAL HARASSMENT AND SEXUAL VIOLENCE A. It is the duty and obligation of all Students to comply with this policy and to report conduct that they believe to be prohibited harassment. Sexual Violence can result in the transmission of disease and/or pregnancy. In additional to obtaining preven- tative treatment, it is important for the victims of sexual violence to report the incident immediately so that evidence of the assault can be collected and preserved. As such, any violations of this policy or instances of sexual violence must be re- ported immediately. 18 www.roadmaster.com B. Any Student who believes that he or she is being harassed is encouraged to confront the person or persons responsible for causing the offense. Often the simplest and most effective way to put an end to harassing behavior is to tell the harasser that the behavior is offensive and unwelcome and to stop. C. If the misconduct continues, or if the Student feels uncomfortable about confronting the harasser, he or she should bring the improper conduct to the attention of the appropriate member of management using the following complaint procedure: • Any Student who believes that he or she is being harassed should promptly report her/his concerns to: • The Office Administrator, and/or • The School Manager. Any Student may report any concerns or violations of this policy directly to the corporate headquarters of Road - master Drivers School by contacting (727)342-6420 and requesting to speak with the Compliance Director. • It is the responsibility of each Supervisor within his or her area of control to report Student complaints in writing to the School Manager immediately. • Roadmaster Drivers School will investigate all harassment complaints including talking with witnesses as appro- priate, and in doing so will make every effort to treat the complaint and resulting investigation discreetly and as confidentially as possible, while still investigating thoroughly. School staff will notify the Corporate Office before beginning and investigation. • If the report of prohibited harassment is substantiated, Roadmaster Drivers School will take corrective action it deems appropriate. Based on the severity of the offense in the case of an employee violator, the action may in- clude, but is not limited to, oral or written reprimand, demotion, suspension, or termination. Based on the severity of the offense in the case of a Student violator, the action may include, but is not limited to, oral or written repri- mand, suspension, or expulsion. • It is important to recognize that the victim of harassment or sexual misconduct is not at fault. D. If Students have any questions regarding sexual harassment in the School/externship site or this policy, they should contact the Office Administrator or School Manager. E. The law prohibits retaliation for reporting any form of illegal harassment, or for filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing regarding any form of illegal harassment. Roadmas- ter Drivers School will take appropriate measures to ensure that no such retaliation occurs. F. Continued compliance with these policies will assure that the learning environment at Roadmaster Drivers School remains harassment free and that employees and Students treat each other with mutual respect. CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS In the event of an allegation of Sexual Violence, Assault or Harassment, the following rights shall be afforded to the parties involved during the course of the investigation: -The accuser and accused shall have the same opportunity to have others present during questioning and investigation. -Both parties shall be informed of the outcome of any disciplinary proceeding. -Survivors shall be informed of their options to notify law enforcement. -Survivors shall be notified of options for changing academic and living situation. CONCERNS AND CONTACTS All Students are reminded that sexual misoonductcan result in the transmittal of sexual diseases and perhaps pregnancy. Immediate attention from a medical facility is extremely important for cases of a sexual nature in particular. Roadmaster has a list of community ser- vices and agencies to assist individuals who may be the victims of sexual assault or sexual misconduct. Lists are available from the School Manager. Victims may always contact Rose Lynn Greene, Title IX Coordinator, (727)342-6420, ext.5001238, for additional assis- tance. FALSE CLAIMS As harassment charges are taken with tremendous concern, any person who knowingly makes a false and fraudulent claim of harassment may be subject to disciplinary action up to and including expulsion from Roadmaster Drivers School. www.roadmaster.com 19 "T he State of California established the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic loss suffered by a student in an educational program at a qualifying institution, who is or was a California resident while enrolled, or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition, and suffered an economic loss. Unless relieved of the obligation to do so, you must pay the state -imposed assessment for the STRF, or it must be paid on your behalf, if you are a student in an educational program, who is a California resident, or are enrolled in a residency pro- gram, and prepay all or part of your tuition. You are not eligible for protection from the STRF and you are not required to pay the STRF assessment, if you are not a California resident, or are not enrolled in a residency program." "It is important that you keep copies of your enrollment agreement, financial aid documents, receipts, or any other information that documents the amount paid to the school. Questions regarding the STRF maybe directed to the Bureau for Private Postsecondary Education,1747 North Market Blvd., Suite 225, Sacramento, CA 95834.916-574-8900 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. You were enrolled at an institution or a location of the institution more than 120 days before the closure of the institution or location of the institu- tion, 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. 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 reim- burse 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 institu- tion 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 eligi- ble for recovery from STRF. A student whose loan is revived by a loan holder or debt collector after a period of noncollection may, at any time, We 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 wdtten 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." Note: Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, 94924 and 94925, Education Code. 20 www.roadmaster.com Weekday Start Expected Weekday Class Start Expected School Class# # Graduation Graduation Holidays by by 1 1/3/2023 1/30/2023 27 7/312023 7/31/2023 2 1/912023 2/3/2023 28 7110/2023 814/2023 3 1/16/2023 2/10/2023 29 7/17/2023 8/11/2023 New Years Day 11212023 4 1/23/2023 2/17/2023 30 7/24/2023 8/18/2023 5 1/30/2023 2/24/2023 31 7/31/2023 8/2512023 Memorial Day BOOM 6 2/6/2023 313/2023 32 8/712023 911/2023 7 2/13/2023 3/10/2023 33 8114/2023 9/11/2023 Independence Day 8 2/2012023 3/17/2023 34 8/2112023 9/18/2023 7/4/2023 9 2/27/2023 3/24/2023 35 8/28/2023 9/25/2023 labor Day 9/4@023 10 316/2023 3/31/2023 36 9/5I2023 1012/2023 11 3/13/2023 4f712023 37 9/11/2023 1016/2023 Thanksgiving 12 3/20/2023 4/14/2023 38 9/18/2023 10/13/2023 11123R023-1112412023 13 3/27/2023 4121/2023 39 9/2512023 10/20/2023 Christmas Day 12/2512023 14 4/312023 4/28/2023 40 1012/2023 1012712023 15 4110/2023 5/512023 41 1019/2023 111312023 16 4/17/2023 5/12/2023 42 10/16/2023 11/10/2023 17 4/24/2023 5/19/2023 43 10/23/2023 11/17/2023 18 5/l/2023 5/26/2023 44 10/3012023 11I2812023 19 518I2023 61512023 45 1116I2023 1215/2023 20 5/1512023 6/12/2023 46 11/13/2023 121l2/2023 21 5/22/2023 6/1912023 47 11/2012023 12/19/2023 22 5/30/2022 6/26/2023 48 11/27/2023 12/22/2023 23 6/512023 6/30/2023 49 12/412023 1/212024 24 6I1212023 7/10/2023 50 12/11/2023 1/812024 25 6119/2023 7/1712023 51 12/18/2023 1/15/2024 26 6/26/2023 7/24/2023 52 1212612023 1/23/2024 PLEASE NOTE: When holidays occur during training weeks, dates are extended to accommodate the holiday. Class schedules are subject to change without notice. Please speak with the school manager if you have questions about your schedule. www.roadmaster.com 21 Weekday Start Expected Weekday Class Start Expected School Class # p Graduation Graduation Holidays by by 1 112/2024 1/29/2024 27 711/2024 7129/2024 2 1/8l2024 2/2l2024 28 7/8/2024 8/212024 3 1/15/2024 2/9/2024 29 7/15/2024 8/9/2024 New Yeats Day 1/112024 4 1122/2024 2I16/2024 30 7122/2024 8I16I2024 5 1/29/2024 2/23/2024 31 7129/2024 8/23/2024 Memodal Day 52712024 6 215I2024 3I1I2024 32 8I5024 8I30I2024 7 211212024 318l2024 33 8/12/2024 9/9/2024 Independence Day 8 2/19/2024 3/15/2024 34 8/19/2024 9116/2024 7142024 9 2/26/2024 3/22/2024 35 8/26/2024 9/23/2024 Labor Day 9=024 10 3I4I2024 3/29I2024 36 9!3/2024 9130I2024 11 3/11/2024 4/5/2024 37 9I9l2024 101412024 Thanksgiving 12 3/18/2024 4/12/2024 38 9/16/2024 10111/2024 11282024 —I M92024 13 3/25/2024 4/19/2024 39 9123/2024 10118/2024 Christmas Day 120512024 to 4nn924 4/26/2024 46 9/30/2024 10/2512024 15 4l8I2024 51312024 41 10/7/2024 1Ill 024 16 4/15/2024 5/10/2024 42 10/14/2024 11/8l2024 17 4/2212024 5/17/2024 43 10/21/2024 1Ill 5/2024 18 4/29/2024 5/24/2024 44 10/28/2024 11/22/2024 19 5/6/2024 6/3/2024 45 11l4I2024 1213/2024 20 5/13/2024 6/10/2024 46 11/11/2024 12/1012024 21 5/20/2024 6/17/2024 47 11/18/2024 12/17/2024 22 5/28/2024 6/24/2024 48 11/25/2024 12/24/2024 23 6/3/2024 6/2812024 49 12/2/2024 12130/2024 24 6/1012024 7l8I2024 50 12/9/2024 19/2025 25 6/17/2024 7/15/2024 51 12/16/2024 1/14/2025 26 6/24/2024 7/2212024 52 12/23/2024 1/21/2025 53 12/30/2024 1/2712025 • PLEASE NOTE: When holidays occur during training weeks, dates are extended to accommodate the holiday, • Class schedules are subject to change without notice. Please speak with the school manager if you have questions about your schedule. 2) www. road master, com JACKSONVILLE, FLORIDA PHOENIX, ARIZONA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours / Full time Days ORLANDO, FLORIDA SAVANNAH, GEORGIA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours I Full time Days 180 Clock Hours / Full time Days TAMPA, FLORIDA JACKSON, MISSISSIPPI COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clack Hours I Full time Days 180 Clock Hours / Full time Days COLUMBUS, OHIO ST. Louis, MISSOURI: COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 200 Clock Hours / Full time Days 180 Clock Hours / Full time Days SAN ANTONIO, TEXAS CONLEY, GEORGIA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours / Full time Days DUNN, NORTH CAROLINA COLUMBIA, SOUTH CAROLINA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 200 Clock Hours / Full time Days 180 Clock Hours / Full time Days FONTANA, CALIFORNIA OMAHA, NEBRASKA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours / Full time Days MILLINGTON, TENNESSEE BIRMINGHAM, ALABAMA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours / Full time Days BETHLEHEM, PENNSYLVANIA OKLAHOMA CITY, OKLAHOMA COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours I Full time Days LITHIA SPRINGS, GEORGIA FORT WORTH, TEXAS COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours I Full time Days DALLAS, TEXAS: HOUSTON, TEXAS COMMERCIAL TRUCK DRIVER TRAINING COMMERCIAL TRUCK DRIVER TRAINING 180 Clock Hours / Full time Days 180 Clock Hours I Full time Days GRANDVIEW, MISSOURI COMMERCIAL TRUCK DRIVER TRAINING 180 Clack Hours / Full time Days www.roadmaster.com 23 Description: The purpose of the program is to produce a safe, competent truck driver. Upon successful completion of this program, graduates will be eligible for employment as entry-level, and will require additional supervised driving hours before being able to safely operate tractor -trailers as solo drivers. The specific objectives of the truck driving program are listed below. Objectives: Upon completion of the training, the student should be able to: 1. Demonstrate knowledge of tractor -trailer operations. 2. Describe Department of Transportation Rules and Regulations. 3. Perform range and close quarter maneuvering. 4. Perform day and night driving operations. 5. Detect and identify preventive maintenance problems on tractor -trailer units. 6. Interpret all safety regulations of tractor -trailer units. 7. Describe cargo liability and security regulations, 8. Pass the commercial license examination and obtain the commercial license. Job Opportunities: • Entry-level professional truck driver. • Inter/Intra-state driving. • Occupations vrithin the trucking industry. COURSE CODE SUBJECT LOCATION HOURS CTD 101 General Knowledge Classroom 40 CTD 102 Hours of Service & Trip Planning Classroom 5 CTD 103 Pre -Trip Inspections Pad & Road 45 CTD 104 Backing & Skills Pad & Road 65 CTD 105 Road Driving Pad & Road 25 TOTAL HOURS 180 CTD 105 Road Driving is an accumulation of on -off road and observation. NOTE: All courses that involve pad and/or road driving require a combination of observation as well as behind the wheel time. CDL EXAMINATION INFORMATION Students who take the CDL Examination with a commercial motor vehicle equipped with an Automatic Transmission will have a restriction placed on their commercial driver's license and will not be licensed to operate a commercial motor vehicle equipment with a Manual Transmission vdthout retaking the full CDL Examination. 24 www.roadmaster.com COMMERCIAL TRUCK DRIVER TRAINING PROGRAM - COURSE DESCRIPTIONS DESCRIPTIONS CTD 101 General Knowledge: The General Knowledge training takes place mostly within the classroom. Topics covered include, but may not be limited to the following: Introduction to Trucking / Orientation Basic Operation Control Systems / Dashboard Pre- and Post -Trip Inspections Basic Control Shifting / Operating Transmissions Backing and Docking Coupling and Uncoupling Safe Operating Procedures Visual Search Communication Distracted Driving Speed Management Space Management Night Operation Extreme Driving Conditions • Advanced Operating Practices Hazard Perception Skid Control / Recovery, Jackknifing . Railroad — Highway Grade Crossings Vehicle Systems and Reporting Mal - and Other Emergencies functions Identification and Diagnosis of Mal- Roadside Inspections Maintenance functions Non -Driving Activities Handling and Documenting Cargo Environmental Compliance Issues Fatigue and Wellness Awareness Post -Crash Procedures External Communications Whistleblowerl Coercion Drug /Alcohol Medical Requirements Anti -Human Trafficking CTD 102 Hours of Service and Trip Planning: This section covers FMCSA guidelines surrounding hours of service as well as effec- five trip planning. Student should be able to understand the consequences for failure to comply with FMCSR hours of service, correctly interpret hours of service categories per GSA, and apply recap totals to the hours of service FMCSR regulation. CTD 103 Pre -Trip Inspections: This course involves both practical experience and observation. Students are putting into practice the processes they have learned in the classroom. Upon completion, students should be able to identify, inspect, and evaluate key sys- tems such as: Instruments and Controls, Engine, Drive Train / Axel Assemblies, Chassis and Suspension, Steering, Braking System, Tire and Wheel Assemblies, Exterior Clearance Lighting, Exterior Brake and Signal Lighting, Emergency Equipment, and Cargo Secur- ing Devices and preform pre -trip and post -trip inspections as specified in FMCSR 392.7 and 396.11. Students should also be able to identify sections in both State and Federal regulations specific to inspections and identify Out -Of -Service Requirements for both the unit and the individual. FMCSR 396.9(c)(2) and 395.13. CTD 104 Backing & Skills: This course involves both practical experience and observation in backing maneuvers including docking and parking beginning on the pad and progressing to the road with other drivers. Training includes height identification for clearance, proper spacing, proper speed for close quarters, & proper lane posifioning. Students perform backing maneuvers including, coupling and uncoupling, straight-line backing, alley dock backing (45190), off -set backing and parallel park right and left; use "GET OUT AND LOOK" (GOAL) technique while performing maneuvers; execute safe backing procedures & proper use of mirrors when backing; stop the back of the trailer within minimum required distance of the dock or markers; perform tasks without damaging, knocking over, or oth- erwise encroaching on cones or markers. CTD 105 Road Driving: This course involves both practical behind the wheel experience and observation. Road Driving is the culmi- nation of everything the Students learned while in the classroom applied to real life situations. Students will begin with practice on the pad and will progress to the road with other drivers. Upon completion, students should be able to proficiently perform a variety of ma- neuvers and tasks required for safe commercial vehicle driving including but not limited to the following: Use of vehicle controls includ- ing left turns, right turns, lane changes, curves at highway speed, entrylexit on interstate or controlled access highways, proper stop- ping/quick stopping, use of mirrors and signals, shifting/transmission use, communications and signaling, visual search, speed/space management, safe driver behavior, and hours of service requirements. The student should also be able to demonstrate their knowledgelability through discussions involving hazard perception, railroad crossings, night operations, extreme driving conditions and skid control/recovery, jackknifing and other emergencies. NOTE. All courses that involve pad andlorroad driving require a combination of observation as well as behind the wheel time. www.madmaster.com 25 QOaD14aovC Q DRIVERS SCHOOL ; N Roadmaster Drivers School of Fontana, Inc. is a Florida Corporation licensed to do business in California. Roadmaster Drivers School of Fontana, Inc. is a private institution that is approved to operate by the Bureau for Private Postsecondary Education: 1747 North Market, Suite 225, Sacramento, CA 95834. Approval to operate means compliance with state standards as set forth in CEC and 5, CCR. Name Robert Salazar Cynthia Banuett Liana Silva Juan Ytunalde CATALOG ADDENDUM 2023-2024 • California Edition • Volume 23 • Issue 1 Staff and Instructors Title Experience Credentials Senior School Manager 16+years commercial ddving/CDL training CDL-A Interstate I VA Point of Contact Office Administrator 17+years admin/customer service VA Point of Contact Placement Specialist Admissions Advisor Sharcole Martinez Admissions Advisor Erick Alarcon` CDL Testing Supervisor Paul Ramos CDL Examiner Monica Thompson` Lead Trainer Joel Morales Instructor Richard Carrillo Instructor 25+years admin/customer service 10+years admissions 3+years commercial driving 16 years commercial driving/CDL training 3+years commercial driving 16+years commercial ddving/CDL training 9+years commercial ddving/CDL training to- years commercial ddvinglCDL training Rick Simpson Instructor 35+years commercial ddvinglCDL Training Matthew Witchell Instructor 6+years commercial ddving/CDL Training Fidel Leon Instructor 19 years commercial ddvinglCDL Training Tim Hickey Instructor 10 years commercial driving/CDL Training CDL Endorsements N/A N/A VA Point of Contact; Certified with NIA CAAPS as Placement Director N/A NIA N/A NIA CDL-A Interstate; CDL Examiner; Doublesfrriples; CVTA Level 2 SMI & Level CSP Tanker; Passenger CDL-A Interstate NIA CDL-A Interstate Passenger CDL-A Interstate NIA CDL-A Interstate Doublestrnples; Tanker, Passenger CDL-A Interstate N/A COLA Interstate NIA CDL-A Interstate NIA CDL-A Interstate Tanker ITEMIZATION AND SCHEDULE OF INSTITUTIONAL CHARGES TOTAL CHARGES AND ESTIMATED CHARGES FOR PERIOD OF ATTENDANCE TUITION: $7,495.00 CONSUMER REPORT FEE: $40.00 U.S. DOT PHYSICAL (SCHOOL PROVIDER): $80.00 U.S. DOT DRUG SCREEN (SCHOOL PROVIDER): $80.00 HOTEL (HOUSING): $77.00 per night STUDENT TUITION RECOVERY FUND (NON-REFUNDABLE): $20.00 EQUIPMENT, TEXTBOOKS, LEARNING MATERIALS: $0.00 CDL PERMIT FEE (STATE OF CALIFORNIA): $85.00 RETEST FEE AFTER FIRST TEST (STATE OF CALIFORNIA): $37.00 EQUIPMENT USE FEE FOR SUBSEQUENT CDL TESTS: $75.00 Additional Theory Training - General Knowledge CTD 101 & Hours of Service and Trip Planning CTD 102 - Students are required to meet all graduation requirements as stated in the School Catalog. Effective February 20, 2023, students who are unable to achieve the minimum passing score of 80% in General Knowledge (CTD 101) or Hours of Service and Trip Planning (CTD 102) after the initial two (02) attempts at the required final examinations(s) may be provided with additional theory training at the sole discretion of school manage- ment. Those students who are provided with and successfully complete all mandated additional training will be permitted a third attempt at the required final examination(s) for CTD 101 and/or CTD 102 to obtain the minimum passing score of 80%.There is no additional charge to the student for additional theory training provided pursuant to the foregoing. Maximum Enrollment Per Start: 12 The School has no dormitory facilities under its control and has no responsibility to find or assist Students with housing arrangements. Roadmaster Drivers School has designated the School Manager as an on -site Point of Contact for covered individuals and family members seeking assistance and maintains centralized School Certifying Officials who are available to provide additional assistance as needed. ROAMUTER DRIVERS SCHOOL -Employee completed the Smith System Page 1 of 1 May 2023 Advanced Driving Tic Salary Seminar -'-'� Employment EDD Development Department State of California Date: November 10, 2021 Number: WSD21-03 ETPL POLICY AND PROCEDURES EXECUTIVE SUMMARY ( C IFORNIA C'Workforce Development Board This policy provides guidance and establishes the procedures applicable to the training providers and programs listed on the state and local Eligible Training Provider List (ETPL) under the Workforce Innovation and Opportunity Act (WIOA). This policy applies to Local Workforce Development Boards (Local Boards), and is effective on the date of issuance. This policy contains some state -imposed requirements. All state -imposed requirements are indicated by bold, italic type. This Directive finalizes Workforce Services Draft Directive ETPL Policy and Procedures (WSDD- 215), issued for comment on September 3, 2020. The Workforce Development Community submitted 131 comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 8. This policy supersedes Workforce Services Directive WIOA Eligible Training Provider List- Policy and Procedures (WSD15-07) dated November 10, 2015. Retain this Directive until further notice. M*►�FiT#.l • Workforce Innovation and Opportunity Act (Public Law 113-128) Sections 3, 116, 122, 123, 129, 134, and 404 • Title 20 Code of Federal Regulations (CFR) Part 677: Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act (Uniform Guidance), Sections 677.150 and 677.230 • Title 20 CFR Part 680: Adult and Dislocated Worker Activities Under Title I of the Workforce Innovation and Opportunity Act (DOL Exceptions), Sections 680.200, 680.210, 680.230, 680.300, 680.310, 680.320, 680.330, 680.340, 680.350, 680,410, 680.420, 680.430, 680.450, 680.460, 680.470, 680.480, 680,490, 680.500, 680.520, and 680.530 The EDD is an equal opportunity employer/program, Auxiliary aids and services are available upon request to individuals with disabilities Revised February 22, 2023 Page 1 of 5 DIC: 12 EXHIBIT C • Title 20 CFR Part 681: Youth Activities Under Title I of the Workforce Innovation and Opportunity Act (DOL Exceptions), Sections 681.480 and 681.540 • Title 34 CFR Part 600: Definitions (Department of Education), Section 600.2 • Training and Employment Guidance Letter (TEGL) 8-19, Workforce Innovation and Opportunity Act (WIOA) Title I Training Provider Eligibility and State List of Eligible Training Providers (ETPs) and Programs (January 2, 2020) • TEGL 3-18, Eligible Training Provider (ETP) Reporting Guidance under the Workforce Innovation and Opportunity Act (WIOA) (August, 31, 2018) • TEGL 19-16, Guidance on Services provided through the Adult and Dislocated Worker Programs under the W10A and the Wagner-Peyser Act Employment Services, as amended by title It/ of WIOA, and for Implementation of the WIOA Final Rules (March 1, 2017) • TEGL 13-16, Guidance on Registered Apprenticeship Provisions and Opportunities in the WIOA (January 12, 2017) • California Code of Regulations Division 7.5 • California Education Code Sections 94801.5, 94850.5, and 94874 • California Unemployment Insurance Code (CUIC) Section 14005 • CUIC Section 14230 • Workforce Services Directive WSD22-08, ETPL Reciprocal Agreements (January 17, 2023) • WSD22-01, Performance Guidance (July 18, 2022) • WSD19-10, Recovery of W10A Tuition and Training Refunds (February 20, 2020) • WSD19-06, CaIJOBS Activity Codes (December 27, 2019) • WSD17-01, Nondiscrimination and Equal Opportunity Procedures (August 1, 2017) • California's Unified Strategic Workforce Development Plan WIOA Section 122 requires states to establish and maintain a list of training providers who are eligible to receive WIOA Title I, subtitle B funds for training services. An America's Job Center of CaliforniasM (AJCC) may issue an Individual Training Account (ITA) to a WIOA Title I, subtitle B eligible individual (out of school youth age 16-24, adult or dislocated worker) to fund training services. The Employment Development Department (EDD) is the entity responsible for publishing, disseminating, and maintaining the comprehensive California (CA) ETPL with performance and cost information. In addition, the EDD is responsible for ensuring programs meet the eligibility criteria and performance levels established in this Directive; removing programs that do not meet the program criteria or performance levels established in this Directive; and taking enforcement actions against providers that intentionally provide inaccurate information, or that substantially violate the requirements of WIOA. Page 2 of 5 EXHIBIT C Likewise, the Local Board is responsible for carrying out the procedures outlined in this Directive; work with the state to ensure there are sufficient numbers and types of providers of training services with expertise in assisting individuals with disabilities, and adults in need of adult education and literacy activities; developing and maintaining a local ETPL; and ensuring the dissemination of the CA and local ETPL through the AJCCs, including in formats accessible to individuals with disabilities. In cooperation with stakeholders, the State has adopted the following principles when developing the CA ETPL policies and procedures: I. Simplicity —Avoid imposing burdens that inhibit the participation of quality training providers. 2. Customer Focus —The policies and procedures support the collection and presentation of easily accessible and reliable training program information for both individuals seeking career and occupational training information, and career planners who assist participants eligible for training services. 3. Informed Consumer Choice — The CA ETPL includes locally approved training programs that lead to self -sustainable careers in the local/regional economy, as supported by current labor market information identifying industry sectors and occupational clusters that are high -growth, high -demand, projecting skills shortages, and/or vital to the regional economy. 4. Training Delivery Flexibility — Policies and procedures that foster and support the inclusion of various types of training delivery that expand opportunities for consumer choice. 5. Quality — Ensure a comprehensive list of quality training programs that meet minimum performance standards, and provide industry -valued skills in priority industry sectors. Information must be accurate, transparent, accessible, and user-friendly. 6. Respect for Local Autonomy —The policy remains supportive of the autonomy WIOA grants to the Local Boards. In addition, this policy and Local Board policies should align with the three policy objectives outlined in the California Unified Strategic Workforce Development Plan: 1. Fostering demand -driven skills attainment — Workforce and education programs need to align program content with the state's industry sector needs so as to provide California's employers and businesses with the skilled workforce necessary to compete in the global economy. 2. Enabling upward mobility for all Californians — Workforce and education programs need to be accessible for all Californians, especially populations with barriers to employment, and ensure that everyone has access to a marketable set of skills, and is Page 3 of 5 EXHIBIT C able to access the level of education necessary to get a good job that ensures both long- term economic self-sufficiency and economic security. 3. Aligning, coordinating, and integrating programs and services —Workforce and education programs must economize limited resources to achieve scale and impact, while also providing the right services to clients, based on each client's particular and potentially unique needs, including any needs for skills -development. This policy establishes the types of allowable training services, consumer choice, the difference between the state and local ETPL, the requirement for Local Boards to establish a ETPL policy, eligibility criteria and procedures for initial and continued eligibility for CA ETPL training providers and programs, the federally mandated Eligible Training Provider Performance Report (ETP Report), and the roles and responsibilities of the Local Boards and the EDD in maintaining the integrity of the CA ETPL. The following attachments to this Directive provide guidance and resources when implementing the CA ETPL: 1. ETPL Policy and Procedures Contains detailed information on initial and continued eligibility requirements, and the roles and responsibilities of the Local Boards, and the EDD in maintaining the integrity of the CA ETPL and the quality of the training programs offered on it. 2. ETPL Definitions Includes definitions relevant to the ETPL Policy and Procedures. 3. ETPL Local Board Delegation and Cancelation Form This form is utilized to delegate or cancel the delegation of a Local Board's ETPL responsibilities to another Local Board. The delegation includes both state and local ETPL functions. This form is required to be submitted annually. 4. CA ETP Assurances Form This form must be completed by the provider to ensure they will provide the data necessary to complete the annual ETP Report. This form must be submitted annually. 5. CA ETPL Training Provider and Program Determination Flowchart Decision trees designed to assist Local ETPL Coordinators with determining initial and continued eligibility for the various provider types and programs. Page 4 of 5 EXHIBIT C 6. Local ETPL Coordinator Contact Form A form for Local Boards to designate the Local ETPL Coordinators and provide their contact information. Summary of Comments A list of all comments received during the comment period, and responses to those comments from the EDD. 8. Errata Chronology A list of changes that were made to the Directive and its attachments. ACTION The information contained in this Directive should be shared with Local ETPL Coordinators, and all other staff involved in the administration of the ETPL. If you have any questions, contact the State ETPL Coordinator at wsbetpl@edd.ca.gov. /s/JAVIER ROMERO, Deputy Director Workforce Services Branch Attachments: I. ETPL Policy and Procedures (DOCX) 2. ETPL Definitions (DOCX) 3. ETPL Local Board Delegation and Cancelation Form (DOCX) 4. CA ETP Assurances Form (DOCX) 5. CA ETPL Training Provider and Program Determination Flowchart (PDF) 6. Local ETPL Coordinator Contact Form (DOCX) 7. Summary of Comments (DOCX) 8. Errata Chronology (DOCX) Page 5 of 5 EXHIBIT C ETPL POLICY AND PROCEDURES ATTACHMENT 1 ETPL Policy and Procedures Contents A. Introduction......................................................................................................................... 2 B. Allowable Types of Training Services................................................................................... 2 C. State and Local ETPLs........................................................................................................... 2 D. Local Board Policy................................................................................................................ 3 E. Consumer Choice.................................................................................................................6 F. CA ETPLApplication Process................................................................................................ 6 ETPL Application Process by Provider Category..................................................................... 7 G. CA ETPL Initial Eligibility....................................................................................................... 8 Training Provider Initial Eligibility Criteria..............................................................................8 Training Program Initial Eligibility Criteria............................................................................ 11 H. CA ETPL Continued Eligibility Criteria................................................................................ 13 Training Provider Continued Eligibility Criteria.................................................................... 13 Training Program Continued Eligibility Criteria.................................................................... 13 I. Approval and Denial of Training Provider/Program.......................................................... 15 Approval of Training Provider/Program............................................................................... 15 Denial of a Training Provider/Program................................................................................. 15 J. Delisting Training Providers/Programs ..............................................................................16 K. Placing Delisted Training Providers/Programs Back on the ETPL...................................... 18 L. Appeals...............................................................................................................................18 Appealsto EDD..................................................................................................................... 19 M. Maintenance of the CA ETPL.......................................................................................... 20 N. ETP Report.......................................................................................................................... 20 0. Technical Assistance and Resources.................................................................................. 20 TrainingProviders................................................................................................................. 21 Local ETPL Coordinators........................................................................................................ 21 WSD21-03 Page 1 of 21 ETPL POLICY AND PROCEDURES ATTACHM ENT 1 A. Introduction This policy establishes the types of allowable training services, consumer choice, the difference between the state and local Eligible Training Provider List (ETPL), the requirement for Local Workforce Development Boards (Local Boards) to establish an ETPL policy, eligibility criteria and procedures for initial and continued eligibility for Eligible Training Providers (ETP) and programs, the federally mandated Eligible Training Provider Performance Report (ETP Report), and the roles and responsibilities of the Local Boards and the Employment Development Department (EDD) in maintaining the integrity of the state ETPL. This document contains detailed information on initial and continued eligibility requirements, and the roles and responsibilities of the Local Boards, and the EDD in maintaining the integrity of the state ETPL and the quality of the training programs offered on it. B. Allowable Types of Training Services The following are the allowable types of training for the Workforce Innovation and Opportunity Act (WIOA) Title I program: a. Occupational skills training, including nontraditional employment. b. On -the -Job Training (OJT). c. Incumbent Worker Training (IWT). d. Programs that combine workplace training with related instruction, which may include cooperative education programs. e. Training programs operated by the private sector. f. Skill upgrading and retraining. g. Entrepreneurial training. h. Job readiness training provided in combination with the training services described in (a) through (g) above. i. Adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services provided with the training services described in (a) through (g) above. j. Customized training conducted with a commitment by an employer, or group of employers, to employ an individual upon successful completion of the training. While all of the above are allowable training services under WIOA, service types b, c, and j are not required to be on the ETPL. C. State and Local ETPLs Local Boards and the EDD are responsible for working together to identify ETPs for the state ETPL. The state ETPL creates a pool of ETPs that Local Boards can utilize to establish their local ETPL. In California, the state ETPL is called the California (CA) ETPL. Each Local Board must maintain a local list of training providers and programs. Local Boards may add additional local requirements for providers and/or programs (except for WSD21-03 Page 2 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 apprenticeship programs) to be eligible on the local ETPL. Local Boards must include all CA ETPL approved apprenticeship programs on their local ETPL. Adding additional local requirements may result in providers that are on the CA ETPL, but may not be eligible for inclusion on the local ETPL. While additional requirements may be added for the local ETPL, Local Boards may only include training providers on their list that are approved for the CA ETPL. If the Local Board is reviewing provider and/or program applications for inclusion on the ETPL, the Local Board must conduct the state eligibility review first, and then determine eligibility for inclusion on their local ETPL. When conducting the state eligibility review, the Local Board must do so using only the state's requirements, and not the Local Board's additional requirements. Local Boards that do not add additional requirements must include all of the providers/programs on the CA ETPL on their local ETPL, whereas Local Boards with additional requirements may have a subset of the state list as depicted in the diagram below: Note — Providers on the local ETPL must be on the CA ETPL. Note —Additional functionality is being added to the CaIJOBSsM system to enable Local Boards to identify the training providers and programs approved for their local ETPL. D. Local Board Policy Each Local Board must develop local policies that provide sufficient consumer protection and oversight of training providers. These policies must meet the minimum requirements of the procedures outlined in this Directive, and may include additional requirements as deemed appropriate by the Local Board. Such policies must include, but are not limited to, processes that achieve the following: Ensure participants can avail themselves of, and are made aware of, grievance/complaint procedures. Please reference Workforce Services Directive WIOA Grievance and Complaint Resolution Procedures (WSD18-05) for guidance. • Recover WIOA training funds. Please reference Recovery of WIOA Tuition and Training WSD21-03 Page 3 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Refunds (WSD19-10) for guidance on recovering training funds. Outline any additional eligibility requirements providers and/or programs (except apprenticeship programs) must meet to be listed on the local ETPL. o These requirements must support the creation of a list that ensures provider performance, job -driven training, informed consumer choice, continuous improvement, and cost-effective investment of public funds. o Requirements may include, but are not limited to: ■ Additional performance requirements. ■ Program location. • Accreditation requirements. ■ Cost. Include the timeline for initial and continued eligibility review for inclusion on the local ETPL. o Continued eligibility review for the CA ETPL must be completed annually, and review for the local ETPL must be completed at least once every two years. o Within the federally required timeline in the previous bullet, Local Boards have discretion on when they conduct initial and continued eligibility for inclusion on the local ETPL. The following are just a few examples of options for local review: ■ Review entire local ETPL every two years. ■ Review each provider/program annually. • Review on the anniversary of when the provider/program established continued eligibility on the local ETPL. • Process for delisting training provider/programs from the local ETPL. • Provide comparable training opportunities if the training provider goes out of business. If the training provider is a Bureau of Private Postsecondary Education (BPPE) approved provider, the policy should include the requirement to coordinate with BPPE's Office of Student Assistant Relief, Ensure training programs lead to at least one of the following: 1) credentials and/or certificates valued by employers, or 2) training -related employment as a result of gaining measurable technical skills for a specific occupation. This requirement ensures that training programs lead to high -quality jobs, as described in the California Unified Strategic Workforce Development Plan. Job quality serves the workforce development system and broader public sector by protecting investments in training. Please see ETPL Definitions (Attachment 2) for a definition of a postsecondary credential, as well as a definition of a training program that leads to employment. o Please note, a program on the ETPL that only leads to employment will negatively affect a Local Board's Credential Attainment rate, since all individuals in an education or training program are included in the measure. Please refer to CaIJOBS Activity Codes (WSD19-06) Attachment 3 for a list of activity codes that place individuals into the Credential Attainment performance measure. WSD21-03 Page 4 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Verify and document participant attendance at regular intervals throughout the length of the training program. Per WSD19-10, the Local Board should check with the training provider to ensure clients are still in the training program each month. If not able to check monthly, the Local Board must check at least quarterly. e Require providers to maintain sufficient records and to make these records available for monitoring or audit by either the Local Board and/or the state. Ensure there are no conflicts of interest between the Local Board and the provider, which includes, but is not limited to the following: o A prohibition on the payment of referral fees by training providers to Local Board staff, including America's Job Center of Californiasm (AJCC) operator staff. o Decisions made by the Local Board regarding ETPs and their programs is in compliance with WIOA Section 107(h). Outline the requirement of the Local Board to keep all training provider and program eligibility documents (either physical or electronic), and the process to provide them to the EDD within five business days, if requested. Explain the Local ETPL Coordinator's responsibilities, which, at minimum, must include the following: o Requirement to provide technical assistance to all training providers with programs located within the Local Workforce Development Area (Local Area) seeking to be listed on the CA ETPL. o Requirement for reviewing and approving or denying providers and programs for initial eligibility in a timely manner: ■ The review must include eligibility for the CA ETPL that meets requirements outlined in this Directive. ■ The review must include eligibility for the local ETPL that meets requirements outlined in the Local Board's local ETPL policy. o Requirement for reviewing and approving or denying providers and programs for continued eligibility in a timely manner: ■ The review must include eligibility for the CA ETPL that meets requirements outlined in this Directive. ■ The review must include eligibility for the local ETPL that meets requirements outlined in the Local Board's local ETPL policy. o Method and timeline for notifying providers if they or their program(s) are removed from the CA and/or local ETPL. • Describe the appeal process that meets the requirements outlined in this Directive. In addition, Local Board policies shall include the following for training providers who are deemed exempt per California Education Code (CEC) Section 94874, and are not regionally accredited by an accrediting institution: • Verification of the instructor's credentials or experience. WSD21-03 Page 5 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 • Ensure the financial stability of the training provider. • Annual inspection of the schools or training programs. • Ensure actual instruction is taking place. • Ensure instructional equipment and instruction meet current industry standards. Local Boards may delegate their responsibility of the ETPL to another Local Board to act on their behalf in making nominations for training providers and programs to be listed on the CA ETPL, and the creation of their local ETPL. To delegate, or cancel an existing delegation, please complete and submit the ETPL Local Board Delegation and Cancelation Form (Attachment 3). Any Local Boards that delegate their ETPL responsibilities to another Local Board must complete this form annually between July 1:t and July 30th. Due to the signature requirement (physical or electronic signature), this form should be emailed as an attachment. E. Consumer Choice Training services must be provided in a manner that maximizes informed consumer choice in selecting an eligible provider and program. Each Local Board must make the local ETPL available to customers. Additionally, the Local Board must make available information identifying ETPs for OJT, customized training, and IWT. After consultation with a career planner, an individual who has been determined eligible for training services may select an ETP from the Local Board's local ETPL. Unless the program has exhausted training funds for the program year, the Local Board must refer the individual to the selected provider, and establish an Individual Training Account (ITA) for the individual to pay for training. A referral may be carried out by providing a voucher or certificate to the individual to obtain training. The cost of the referral of an individual with an ITA to a training provider is paid by the applicable Adult, Dislocated Worker, or Youth program. F. CA ETPL Application Process For a provider to be listed on the CA ETPL, the provider must have its information entered into the CaIJOBS ETPL module. It is the Local ETPL Coordinator's role to provide assistance and guidance to training providers who register in CaIJOBS. Once all necessary information is entered, the Local ETPL Coordinator must review and nominate the training provider and/or program to the State ETPL Coordinator for inclusion on the CA ETPL ensuring all information provided is complete, accurate, and current, and is in alignment with this Directive. The EDD will review applications for the CA ETPL within 30 days of receipt from the Local Board. WSD21-03 Page 6 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Once the provider and/or program is approved and included on the CA ETPL, the Local Board must review, and approve or deny the training provider for inclusion on their local ETPL ensuring all information is in alignment with their Local Board policy. ETPL Application Process by Provider Category 1. In -State Training Provider All training providers that have a training site(s) in CA and wish to be listed on the CA ETPL are required to be registered in CaIJOBS. The training provider shall provide all the training provider information required in the CaIJOBS ETPL module. The training provider must upload a signed CA ETP Assurances Form (Attachment 4) to the documents section of the Provider Profile in CaIJOBS. If the in -state training provider is a Department of Labor (DOL) Registered Apprenticeship or California Department of Industrial Relations (DIR), Division of Apprenticeship Standards (DAS) approved apprenticeship, please see the Training Provider Initial Eligibility section below. Local Boards must review and nominate a provider headquartered in their Local Area for the CA ETPL if the provider meets state eligibility requirements. If a provider has multiple locations, the Local Boards) in the area of the provider locations must nominate the program(s) to the State ETPL Coordinator. 2. Distance Education Training Providers All Distance Education training providers that wish to be listed on the CA ETPL are required to be registered in CaIJOBS. The training provider shall provide all the training provider information required in the CaIJOBS ETPL module. The training provider must upload a signed CA ETPAssurances Form (Attachment 4) to the documents section of the Provider Profile in CaIJOBS. The State ETPL Coordinator will determine if a Distance Education training provider is eligible to be on the CA ETPL using the eligibility criteria in this Directive. If a Local ETPL Coordinator is contacted by a Distance Education training provider, the provider should be referred to wsbetpl@edd,ca.gov for assistance. 3. Out -of -State Training Providers All training providers, other than Distance Education training providers, that have training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot utilize an ITA with out-of-state training providers unless leveraging an approved ETPL reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more information on the use of approved agreements. Please reference the Ca1JOBS ETPL Module Guide Card (located on the Staff Online Resources page in CalJOBS) for detailed information on the CaIJOBS process for registering new training providers. WSD21-03 Page 7 of 21 ETPL POLICY AND PROCEDURES G. CA ETPL Initial Eligibility ATTACHMENT 1 Training Provider Initial Eligibility Criteria Initial eligibility applies to providers previously not listed on the CA ETPL under the WIOA or the Workforce Investment Act of 1998 (WIA). The initial eligibility period is one year (365 days). The Local ETPL Coordinator is responsible for reviewing the training provider's initial eligibility prior to nominating for inclusion on the CA ETPL. The following institution types are eligible for inclusion on the CA ETPL: I. Adult education secondary schools, as long as the activities are provided in combination with occupational skills training. 2. Pre -apprenticeship and apprenticeship providers. 3. Private postsecondary institutions. 4. Public postsecondary institutions. The initial eligibility process for each for the training provider types listed above is based on the following: 1. Adult Education Secondary Schools Training providers must be an eligible provider of adult education and literacy activities under Title II of WIOA. Adult education and/or literacy activities must be offered concurrently, or in combination with, occupational skills training. A list of Title II providers can be found on the California Department of Education (CDE) website. 2. Pre -apprenticeship and Apprenticeship Providers a. Pre -apprenticeship Provider Training providers must have a letter of commitment from a DOL registered or DIR DAS approved apprenticeship program. To be listed on the CA ETPL, the pre -apprenticeship program must award an industry -recognized credential or certificate. The state will not enter information on pre -apprenticeship training programs; this information will be entered by Local Boards, if necessary. Pre -apprenticeship programs are considered Individualized Career Services under WIOA, and thus are not required to be on the ETPL. Pre -apprenticeship programs that do not result in an industry -recognized credential or certificate cannot be listed on the ETPL; however, those pre -apprenticeship programs that do provide an industry -recognized certificate or credential can be listed on the ETPL and used in conjunction with an ITA. The California Workforce Development Board (State Board) and each Local Board must ensure that federal WIOA funds awarded for pre -apprenticeship training in the building and construction trades fund programs and services that follow the Multi -Craft Core Curriculum (MC3) implemented by the CDE and that develop a plan to help increase the representation of women in those trades. WIOA prohibits Title I funds from being used for "construction, purchase of facilities or buildings, or other capital expenditures for improvements to land or buildings except with WSD21-03 Page 8 of 21 ETPL POLICY AND PROCEDURES ATTACHM ENT 1 prior approval." b. DOL Registered Apprenticeships and DiR DAS Approved Apprenticeships DOL registered apprenticeships and DIR DAS approved apprenticeships are automatically eligible to be listed on the CA ETPL and do not have any eligibility requirements. The state will reach out to new apprenticeship programs to inform them of the opportunity to join the CA ETPL. If the provider opts into the ETPL, the apprenticeship program will be placed on the ETPL by the state. The State Board and Local Boards shall, to the maximum extent feasible, coordinate their pre -apprenticeship and apprenticeship training programs with one or more DIR DAS approved apprenticeship for the occupation and geographic area. 3. Private Postsecondary institutions (for -profit or non-profit) Training providers be must be accredited by the Accrediting Commission for Schools (ACS) Western Association of Schools and Colleges (WASC); the WASC Senior College and University Commission (WSCUC); have current BPPEApproval to Operate; current Verification of Exemption by BPPE; or are deemed exempt per California Education — ----- C- -- - - o— eCEC— ection .- Note that providers who are deemed exempt are not required to have a Verification of Exemption. However, if EDD is unable to determine the specific exemption that the provider falls under, then EDD reserves the right to request that the provider obtain a Verification of Exemption from the BPPE. Providers that fall under exemptions (a), (d), (f), or (h) of CEC Section 94874 are not eligible for the ETPL. A Distance Education provider without a physical presence in California that offers postsecondary distance education to California students for a fee must be registered with the BPPE. Private Distance Education higher education institutions that are degree granting, non-profit, and accredited are not required to register with BPPE, but must be accredited by the ACS WASC, the WSCUC, or an agency recognized by the U.S. Department of Education. For more information on the BPPE Out -of -State Institution registration, please see the BPPE Out -of -State Institution Registration webpage. For a directory of accredited schools, please visit ACS WASC and WSCUC. For more information regarding BPPE Approval to Operate, or current Verification of Exemption, please visit the BPPE website. If the training provider has a BPPE Approval to Operate, Verification of Exemption, or Out -of -State Institution Registration, the document must be uploaded to the documents section of the Provider Profile in CaIJOBS. 4. Public Postsecondary Institutions a. Public Postsecondary Community Colleges WSD21-03 Page 9 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Training providers must be accredited by the WASC Accrediting Commission for Community and Junior Colleges (AMC). The following website can be utilized to search for the WASCACCJC accredited colleges. WASC ACJCC. For public postsecondary community colleges not WASCACCJC accredited, but are currently in the initial accreditation process, the Local Board can nominate the training provider, and the State Board and the EDD will determine whether the community college meets the training provider initial eligibility criteria. b. CA State University (CSU) and University of CA (UQ Training providers must be accredited by the WSCUC. The following website can be utilized to search for WSCUC accredited colleges: WSCUC. In addition to the above requirements, all training providers (with the exception of apprenticeship programs) must meet the following: All training providers are subject to the Equal Opportunity and Nondiscrimination requirements found in Section 188 of WIOA. All Local Boards must ensure a training provider is in compliance prior to nominating the training provider to be on the CA ETPL. Equal Opportunity and Non -Discrimination procedures should be posted at the AJCC and approved training providers' facilities, and provided to each participant upon enrollment in a CA ETPL training program. It is critical for Local Boards to utilize EDD- provided monitoring tools to evaluate the providers, and to upload appropriate documents to the Documents section of the Provider Profile in CaIJOBS. It is also important to note that all site locations for a provider must be in compliance with W IOA Section 188. For more information, refer to Nondiscrimination and Equal Opportunity Procedures (WSD17-01). Provide information supporting the provider's partnership with business. This may include information about the quality and quantity of employer partnerships. Enter program(s) of training services into CaIJOBS. The training provider should only enter the program(s) desired to be on the CA ETPL. If the program is offered with multiple modes of delivery, curriculum, or course lengths, the program must be entered separately for each variation. Please reference ETPL Definitions (Attachment 2) for the definition of a Training Program. • A signed copy of the CA ETP Assurances Form (Attachment 4) is uploaded to the Documents section of the Provider Profile in CalJOBS. This form must be uploaded annually, prior to the provider being reviewed for eligibility. Once the training provider completes the CA ETPL application on CaIJOBS, the Local ETPL Coordinator is responsible for reviewing the provider's information and either denying their inclusion on the CA ETPL, or nominating them for review by the State ETPL Coordinator through the CaIJOBS approval process. The Local ETPL Coordinator must review and nominate, or deny a training provider profile within 30 days of the completed application date. WSD21-03 Page 10 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 The Local Board that contains the headquarters of the provider is responsible for nominating the provider profile. Please reference the Approval or Denial of Training Provider/Program section of this attachment for additional information. Training Program Initial Eligibility Criteria Initial eligibility applies to a program previously not listed on the CA ETPL under the WIOA or the WIA. The initial eligibility period is one year (365 days). After a training provider meets the training provider initial eligibility criteria listed above, been nominated by the Local Board, and approved by the State ETPL Coordinator, each individual training program must meet the following requirements to be listed on the CA ETPL: The training program must be for occupations in in -demand industry sectors identified by the state, region, or Local Board. In -demand or priority industry sector information must be verified with the State Board and/or Local Board. • The training program provides training services that lead to an industry -recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements, or employment in a specific ccupatio„-after receiving measuraWe-technical-skills.. Please note thetrairringprogtam does not have to issue the credential, but the training program should prepare the individual to obtain the credential. For example, a Class A Truck Driving program does not issue the Class A driver's license, but it should prepare the individual to pass the state -issued exam to obtain the license. For more information on if a training leads to an industry -recognized credential, please see DOL's Credential Attainment Decision Tree. • The cost in the Cost Details tab in the program wizard should match the cost of a member of the general public enrolling in the program without assistance from WIOA. This information should be available in the provider's brochure or website. If the Local Board works out a different cost with the provider, then the cost information in the training activity code will need to be updated to reflect the different cost. • The mode of instruction, and class schedule(s) are consistent with the provider's advertised brochure/website. If a program is offered with multiple modes of instruction (e.g., online and in -person) or durations, the program needs to be entered separately for each variation. • For providers with a BPPE Approval to Operate, the training program and its location are BPPE approved'. • For WASC accredited training providers where the program's instruction and/or curriculum development is entirely sub -contracted to another entity or third party vendor, the training provider directly receiving tuition and related instruction fees i For providers with a BPPE Approval to Operate, not all BPPE training programs are automatically eligible to be listed on the CA ETPL. WSD21-03 Page 11 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 (e.g., ITA) must meet the requirements outlined in this directive, and register in CaIJOBS as a provider. See ETPL Definitions (Attachment 2) for the definition of third. party subcontracting and what is considered allowable. • Program must provide and meet the following performance metrics based on aggregate data for all students in the program to ensure the program supports the ability for the individual to obtain an industry -recognized postsecondary credential, and/or employment upon completion of the program. The provider must provide performance data for the prior complete program year (July 1—June 30). o Public Postsecondary Community Colleges, CSUs, UCs, and Adult Education Secondary Schools are required to provide performance information for consideration of placement on the CA ETPL, but due to heavy state oversight, investment, and the inability to capture true program outcome data, these institution types are not required to meet a specific performance threshold to be listed on the CA ETPL. The following performance data must be provided and listed in CalJOBS: • Of individuals that exited the program, the percentage who successfully completed the training program (did not withdraw or transfer out of the program). • Of individuals that successfully completed the training program, the percentage who are employed within six months of graduating from the training program. For occupations for which the state requires passing an examination, the six month period begins after the announcement of the examination results for the first examination available after a student completes the program. o Private Postsecondary Institutions are required to meet and provide the following performance data in CaIJOBS: ■ Of individuals who exited the program, 50% successfully completed the training program (did not withdraw or transfer out of the program). ■ Of individuals who successfully completed the training program, 50% are employed within six months of graduating from the training program. For occupations for which the state requires passing an examination, the six month period begins after the announcement of the examination results for the first examination available after a student completes the program. Please note —Apprenticeship programs are not subject to program initial eligibility criteria. Once the training provider enters the program into CalJOBS, the Local ETPL Coordinator is responsible for reviewing the program information and either denying their inclusion on the CA ETPL, or nominating them for review by the State ETPL Coordinator through the CaIJOBS approval process. The Local ETPL Coordinator must review and nominate, or deny a training program within 30 days of the completed application date. WSD21-03 Page 12 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 The Local Board where the program is located is responsible for nominating the program. Please reference the Approval or Denial of Training Provider/Program section of this attachment for additional information. For more information regarding the training provider and program initial eligibility process, please refer to the CA ETPL Training Provider and Program Determination Flowchart (Attachment 5). H. CA ETPL Continued Eligibility Criteria Training Provider Continued Eligibility Criteria Continued eligibility applies to all training providers listed on the CA ETPL at any time under the WIOA or WIA, and whose initial eligibility has expired. A training provider's initial and continued eligibility is valid for 365 days after the provider is approved for the ETPL. Since providers can be reviewed year-round, all active training providers on the CA ETPL will be evaluated annually by the EDD no earlier than 60 days, and no later than 30 days prior to the provider's eligibility expiration date to ensure they continue to meet eligibility to be retained on the CA ETPL. To determine continued eligibility, the EDD must veri� that the training _. —_------- ---- --- provider continues to meet the requirements outlined in the Training Provider Initial Eligibility Criteria section of this Directive. DOL registered apprenticeships and DIR DAS approved apprenticeships do not have any continued eligibility requirements and will remain on the ETPL. It is recommended that apprenticeships update their program information annually. In addition, providers on the CA ETPL for two full program years (July 1—June 30) must have at least one Title 1, subtitle B enrollment during the previous two program years. If removed due to enrollment requirements, a provider must wait six (6) months from removal to submit their ETPL application for reinstatement and will not be held to the enrollment requirement when determining continued eligibility for placement back onto the list. Training Program Continued Eligibility Criteria Continued eligibility applies to all training programs listed on the CA ETPL at any time under the WIOA or WIA and whose initial eligibility has expired. A training program's initial and continued eligibility is valid for 365 days after the program is approved for the ETPL. Since programs can be reviewed year-round, all active training programs on the CA ETPL will be evaluated annually by the local Board no earlier than 60 days, and no later than 30 days prior to the program's eligibility expiration date to ensure they continue to meet eligibility to be retained on the CA ETPL. Training providers must reapply for WIOA program certification using CaUOBS. All applications for continued eligibility of training programs will be evaluated as they are received, by the Local Board and EDD, to ensure they continue to meet eligibility to be retained on the CA ETPL. The Local Board where the program is located is responsible for evaluating the program. WSD21-03 Page 13 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 After a training provider has met the training provider continued eligibility criteria listed above, each individual training program must meet the following requirements to retain their listing on the CA ETPL: • Training program information is reviewed and updated in CaIJOBS. • Training program meets all requirements outlined above in the Training Program Initial Eligibility Criteria section of this attachment. CA ETPL training programs must meet performance metrics to retain their eligibility on the ETPL. The EDD will negotiate with DOL to establish yearly performance goals based on the WIOA primary indicators of performance. For continued eligibility, CA ETPL training programs (with the exception of apprenticeship programs, Adult Education programs, Community Colleges, UCs and CSUs) must meet or exceed the performance metrics required in initial eligibility, as well as the negotiated state -level Title I Adult performance goals. The EDD will publish the state -level negotiated performance goals in a Workforce Services Information Notice located on the EDD website. The continued eligibility performance calculations for each program is based on WIOA participant performance, and is verified using the federal ETP Report published annually by the state. Providers are required to collect and submit aggregate performance data for all students to EDD. The following outlines the performance metrics for continued eligibility: o The program must meet the following performance metric for all students for the most recent complete program year (July 1—June 30): ■ Of individuals who exited the program, 50% successfully completed (did not withdraw or transfer) the program. o The program must meet the following performance metrics for WIOA participants for the most recent complete program year (July 1—June 30)1: • Employment Rate 2nd Quarter after Exit meets the state's negotiated goal for the Title I Adult program. • Employment Rate 4th Quarter after Exit meets the state's negotiated goal for the Title I Adult program. • Median Earnings meet the state's negotiated goal for the Title I Adult program. ■ Credential Attainment meets the state's negotiated goal for the Title I Adult program (if applicable). ■ Measurable Skill Gains meets the state's negotiated goal for the Title I Adult program. Z With the exception of completers, providers will be held accountable for the performance measures in which two complete years of data is available for their program(s) on the ETP Report. WSD21-03 Page 14 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Please see CaIJOSS ETPL Module Guide Card (located on the Staff Online Resources page in CaIJOBS) for instructions on how providers reapply for WIOA program certification in CaIJOBS. For detailed information regarding the definitions and calculations of the WIOA primary indicators of performance, please see Performance Guidance (WSD22-01). Please refer to the CA ETPL Training Provider and Program Determination Flowchart (Attachment 5) to determine if a training provider and its program(s) meet the continued eligibility criteria to remain on the CA ETPL. I. Approval and Denial of Training Provider/Program Approval of Training Provider/Program After reviewing to ensure the provider/program meets the eligibility criteria above, the Local Board can nominate the training provider/program to the state for review. If nominating the provider to the State ETPL Coordinator, the signed CA ETP Assurances Form (Attachment 4) must be uploaded to the documents section of the Provider Profile in CaIJOBS. The State ETPL Coordinator will review providers within 30 days of their nomination by the Local Board. The EDD will review the provider/program's information to ensure it meets all Initial or continued eligibility requirements outlined in this Directive. If eligible, the State ETPL Coordinator will approve the provider/program for the CA ETPL, and notify the Local ETPL Coordinator. If the Local Board has additional local ETPL eligibility requirements, the Local ETPL Coordinator must review all CA ETPL approved distance education programs, as well as all in- state CA ETPL approved programs located in the Regional Planning Unit for inclusion on their local ETPL. If the Local Board does not have additional local ETPL eligibility requirements, all approved CA ETPL programs must be included on the Local Board's local ETPL. Denial of a Training Provider/Program After review, if a Local Board determines the training provider/program does not meet the requirements to be listed on the CA ETPL, the Local Board must inform the training provider in writing with the reason(s) for the denial, and provide information on the Local Board appeal process within 30 days of receipt of the application. A copy of the written notification provided to the provider must be uploaded to the documents section of the Provider Profile in CaIJOBS within 10 business days of issuance. If the Local Board nominates a provider/program to the state for review, but upon review, the State ETPL Coordinator denies the training provider/program listing on the CA ETPL, the EDD must inform the Local Board of the denial and the reason(s) for the denial within 30 days of receipt of the nomination. The Local Board must in turn inform the training provider in writing with the reason(s) for the denial, and information on the Local Board appeal process within 30 WSD21-03 Page 15 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 days of receipt of the EDD's decision. A copy of the written notification provided to the provider must be uploaded to the document section of the Provider Profile in CaIJOBS within 10 business days of issuance. If the training provider is able to rectify the issue that caused the denial, the Local Board can review the information and resubmit to the State ETPL Coordinator for review. For example, if a Provider is denied solely because the CA ETP Assurances Form (Attachment 4) was not uploaded to CaIJOBS, the State ETPL Coordinator would notify the Local Board, which would notify the provider. The Local Board can then nominate the provider again once the form is uploaded to CalJOBS. The training provider's request to be on the CA ETPL must be denied if the training provider fails to provide complete information, intentionally provides inaccurate information, or has substantially violated any WIOA requirement(s). If the EDD, in consultation with the nominating Local Board, determines a training provider intentionally supplied inaccurate information or violated any WIOA requirement(s), the EDD or the Local Board shall deny the training provider's application for the CA ETPL, and the training provider is not allowed to be reconsidered for inclusion on the CA ETPL for at least two years. If approved for inclusion on the CA ETPL, but the Local ETPL Coordinator determines the training provider/program does not meet their local ETPL requirements, the Local Board must inform the training provider in writing with the reason(s) for the denial, and information on the Local Board appeal process within 30 days of receipt of the application. A copy of the written notification provided to the provider must be uploaded to the documents section of the Provider Profile in CaIJOBS within 10 business days of issuance. J. Delisting Training Providers/Programs To ensure the integrity of the CA ETPL, the Local Board or the EDD will remove a training provider or program from the CA ETPL at any time for the items below: I. The training provider will be immediately removed from the CA ETPL for any of the following reasons until such time as they meet continued eligibility. A provider who has been removed from the list for any of the following reasons is liable to repay all Adult and Dislocated Worker training funds received during the period of noncompliance: a. The training provider has lost its accreditation or its approval to operate from its regulating agency. b. A private postsecondary training provider no longer meets the exempt criteria per CEC Section 94874, or the provider's Verification of Exemption by BPPE (if required by the EDD) expired or is revoked, and the provider does not have a new Verification of Exemption, or BPPE Approval to Operate. c. The nonprofit Community Based Organization no longer qualifies under Section 501(c)(3) of the Federal Internal Revenue Code. d. The apprenticeship program is no longer registered with the DOL under the National Apprenticeship Act, or is no longer approved by DIR DAS. The State WSD21-03 Page 16 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 ETPL Coordinator is responsible for removing apprenticeship programs. e. The pre -apprenticeship program no longer has a Letter of Commitment from a DOL registered or DIR DAS approved apprenticeship program, or no longer leads to an industry -recognized postsecondary credential. f. It is determined the provider sub -contracted instruction of the program to another entity without approval from WASC or BPPE. See ETPL Definitions (Attachment 2) for the definition of third -party subcontracting. g. The provider is not in compliance with WIOA Section 188. A training provider will be immediately removed from the CA ETPL for a period of no less than two years for any of the reasons listed in this section. A provider who has been removed from the list for any of the following reasons is liable to repay all Adult and Dislocated Worker training funds received during the period of noncompliance: a. The state identifies the Local Board and training provider are participating in pay -to -play activities (commonly known as kickbacks) that include, but are not limited to: the Local Board received monetary or gift exchanges for (or in the hope for) referrals to a specific training provider, and/or exchanges of money or gifts to have the training provider listed on ETPL. As part of the annual on -site monitoring of Local Boards, if it is determined the Local Board is engaging in pay -to -play activities, a corrective action is required, and failure to take timely action to be in compliance may result in decertification of the Local Board involved. b. It is determined the training provider falsely reported information. c. The training provider substantially violated a provision of Title I of WIOA, or its implementing regulations. d. The training provider's top level leadership (e.g., owner, CEO, Director, etc.) is convicted of violating any federal or state law associated to the operation of the institution. 3. The EDD, in coordination with the Local Board, can remove a provider for any of the following reasons. Reactivation to the list is at the discretion of the State ETPL Coordinator and the Local Board: a. It is determined the provider is not serving or providing value to WIOA participants, and is listed on the CA ETPL solely for other purposes, such as the utilization of Workers' Compensation Supplemental Job Displacement Benefit vouchers. b. The provider has not served at least one Title I, subtitle B enrollment during the previous two program years. See "Training Provider Continued Eligibility Criteria" for requirements to be reinstated to the ETPL. c. The provider's CaIJOBS profile and/or program information is inaccurate or incomplete, d. The training provider has not demonstrated a good faith effort in providing the ETP Report data to the EDD. e. The provider no longer wishes to be listed on the CA ETPL. WSD21-03 Page 17 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 4. In an effort to safeguard WIOA funds, the training provider will be suspended from the CA ETPL if the training provider is under any federal, state, or local investigation. During the period of suspension, no new enrollments may occur, but the training provider can continue to serve existing WIOA funded enrollments. Once the investigation is complete, a review of the findings by the state will determine if the provider can be reinstated to the CA ETPL. If a training provider/program is removed from the CA ETPL, the EDD must inform the Local Board of the denial and the reason(s) for the delisting within 30 days of the removal. The Local Board must in turn inform the training provider in writing with the reason(s) for the delisting, and provide information on the Local Board appeal process within 30 days of receipt of the EDD's decision. A copy of the written notification provided to the provider must be uploaded to the document section of the Provider Profile in CaIJOBS within 10 business days of issuance. All training provider/programs removed from the CA ETPL must be removed from the local ETPL. immediately upon notification from the EDD, as any new enrollments into a training program not eligible to be on the CA ETPL will result in disallowed costs. It is the responsibility of the EDD and the Local Board to work together to ensure any participants currently enrolled in a training program removed under items 1 and 2 experience minimal disruption. If the training provider or program is removed due to items 1, 3, or 4, any participants already enrolled (attended at least one day of instruction) can continue participation in the program until the training is complete, but no new enrollments may occur. Please see WSD19-10 for additional information regarding the recovery of training funds. K. Placing Delisted Training Providers/Programs Back on the ETPL Requests to be placed back on the CA ETPL must be submitted through the Local Board (unless the provider is a Distance Education or apprenticeship program). The training provider and program(s) must meet all criteria outlined in the CA ETPL Continued Eligibility Criteria section of this attachment to be placed back on the CA ETPL. If the training provider is removed for item 2 of the Delisting Training Providers/Programs section of this directive, two years must have passed from the time of their removal before they can be placed back onto the CA ETPL. If the training provider is removed for item 3(b) of the Delisting Training Providers/Programs section, the provider must wait 6 months from the date of removal before submitting an ETPL application for reinstatement. L. Appeals Appeals to the Local Board Each Local Board must have a written appeal process for the CA and local ETPL that includes the following required provisions: WSD21-03 Page 18 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Instructions for a training provider wishing to appeal a decision. The training provider must appeal to the Local Board in writing within 30 days of the issuance of the denial or delisting notice. The appeal must include a statement of the desire to appeal, specification of the training program(s) in question, the reason(s) for the appeal (i.e., grounds), documentation supporting the grounds for the appeal, and the signature of the appropriate training provider official. • An initial informal meeting between the Local Board staff and the training provider. The purpose of this meeting is to identify if there is a simple solution to resolve the dispute. The opportunity for training providers to have a hearing. The hearing officer shall be an impartial person. The hearing officer shall provide written notice to the concerned parties of the date, time, and place of the hearing at least ten calendar days in advance of the scheduled hearing. Both parties shall have the opportunity to present oral and written testimony under oath, to call and question witnesses, request documents relevant to the proceedings, and have legal representation. • The hearing officer's final decisions must be made within 60 days of receipt of the appeal, and the training provider and the Local Board notified in writing of the final decision. A copy of the final decision must be emailed to the State ETPL Coordinator (wsbetpl@edd.ca.gov), and the Local ETPL Coordinator must upload the final decision to the Provider Profile section of CaIJOBS. Appeals to EDD Distance Education and Apprenticeship programs can appeal directly to the EDD. All other training provider may appeal to the EDD only if the local appeal process has been exhausted, and the provider is dissatisfied with the Local Board's final decision. A training provider wishing to appeal a Local Board's decision must submit a written appeal to the EDD within 30 days from the date of the Local Board's final decision. The request for appeal must include a statement of the desire to appeal, specification of the training program in question, the reason(s) for the appeal (i.e., grounds), Local Board's final decision document, and the signature of the appropriate training provider official. The appeal should be sent to: wsbetpf edd.cd a,gov. • The EDD will promptly notify the appropriate Local Board when the EDD receives a request for appeal and when a final decision has been rendered. The EDD will review appeals received, make a decision, and notify the training provider and the Local Board. • The EDD will upload the state's final decision to the Provider Profile in CaIJOBS. WSD21-03 Page 19 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 M. Maintenance of the CA ETPL The EDD is responsible for the maintenance and publishing of the CA ETPL, Local Boards, in turn, are responsible for ensuring all of their AJCC locations have access to the most recent version of the CA and local ETPLs. Local Boards may include additional performance, occupational, and/or industry data to augment the CA ETPL listings on their local ETPL. Local Boards, job seekers, and training providers have access to the CA ETPL on CaIJOBS by clicking the Access California's ETPL and Apprenticeship Providers link from the homepage, or by clicking More Career Services, and then Education Services section. N. ETP Report The WIOA requires the state to submit an ETP Report with the federal WIOA Annual Performance Report on October 1st utilizing a template developed jointly by the DOL and U.S. Department of Education. This report includes all WIOA and non-WIOA participants served by each training program listed on the CA ETPL'. The DOL has made the ETP Report data available to the public via train ingproviderresults.gov. The ETP Report gathers critical information, including the employment, earnings, and credentials obtained by participants in the training program. This information will be widely disseminated to assist participants and members of the general public in identifying effective training providers and programs. This information will also benefit the training provider by providing awareness of their program, and serving as a tool to potentially enhance their programs. All training providers are required to electronically submit the program participant data outlined in the CA ETP Assurances Form (Attachment 4). The state recognizes the reporting burden this causes, and understands the data limitations, so the state will work with training providers based on the available data provided. Data reporting for the annual ETP Report will be a phased approach with the state working collaboratively with Local Boards, and training providers to obtain the required information. Training providers that demonstrate a good faith effort in providing data will not be subject to removal from the ETPL; however, failure to provide any data may result in removal from the CA ETPL. Performance data from the ETP Report will be used for continued eligibility review of all training programs, excluding DOL registered or DIR DAS approved apprenticeships. 0. Technical Assistance and Resources Technical assistance will be provided by BPPE, DIR DAS, Local ETPL Coordinators, and EDD on respective application processes, compliance requirements, and reporting documents. Each Local Board must identify a Local ETPL Coordinator(s) using the Local ETPL Coordinator Contact 3 Apprenticeship programs are excluded from this requirement. WSD21-03 Page 20 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Form (Attachment 6). The Local Board must provide an updated form if the Local ETPL Coordinator changes, or if the existing coordinator's information changes. Training Providers Training providers may contact the Local ETPL Coordinator in their area with questions regarding the application process and eligibility (initial and continued). For basic ETPL information and a list of Local ETPL Coordinators, refer to the EDD's Eligible Training Provider List located on the EDD website. Private postsecondary training providers can obtain assistance from the BPPE through technical assistance workshops (BPPE Application Workshop and BPPE Compliance Workshop), which assists training providers in completing the BPPE Annual Reports, and online reporting tools. Apprenticeship providers that are registered with either the US DOL or CA DIR DAS and wish to be added to the ETPL should contact the State ETPL Coordinator by email: wsbetpl@edd.ca.gov. Local ETPL Coordinators Local ETPL Coordinators can communicate with the State ETPL Coordinator by email: wsbetpl@edd.ca.gov. The EDD will coordinate webinars and trainings as necessary. Announcements related to the CA ETPL will be made via email to the Local ETPL Coordinators. The CaIJOBS ETPL Module Guide Card (located on the Staff Online Resources page in COIJOBS) provides detailed instructions to assist Local Boards with entering programs into the CaIJOBS ETPL module. The CaIJOBS system includes data entry screens and reports, and is the mandatory method to be used by training providers and Local Boards for transmitting this data to the state. For a full list of CaIJOBS Activity Codes used to track a participant's training activities, please see CoIJOBS Activity Codes (WS019-06). WSD21-03 Page 21 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 2 ETPL DEFINITIONS Apprenticeship Program —All apprenticeship programs that are registered with the U.S. Department of Labor (DOL), Office of Apprenticeship, or approved by California (CA) Department of Industrial Relations (DIR) Division of Apprenticeship Standards (DAS), are automatically eligible to be included on the CA Eligible Training Provider List (ETPL). Apprenticeship programs are a written plan designed to move an apprentice from a low or no skill entry-level position to full occupational proficiency. The apprenticeship program is sponsored by an employer, and upon completing the training program, an apprentice earns a "Completion of Registered Apprenticeship" certificate, which is an industry -issued, nationally - recognized credential. Customized Training —Training that meets the following criteria: 1. Designed to meet the specific requirements of an employer (including a group of employers). 2. Conducted with a commitment by the employer to employ an individual upon successful completion of the training. 3. The employer pays a significant portion of the cost of training, as determined by the Local Workforce Development Board (Local Board) involved, taking into account the size of the employer and such other factors as the Local Board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer -provided training and advancement opportunities. Distance Education — Education that uses only one or more of the technologies listed below to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor, whether offered concurrently or not. The technologies include the following: 1. The internet. 2. One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices. 3. Audio conferencing. Eligible Training Provider (ETP) —In order for a training provider to list a program on the ETPL, the training provider must do the following: 1. Receive funding for training services. 2. Meet the standards and requirements to be a training provider on the ETPL. 3. Provide a program of training services. 4. Be one of the following types of entities: a. Institution of Higher Education that leads to a recognized post -secondary credential. WSD21-03 Page 1 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 b. Entities that carry out a training program registered under the National Apprenticeship Act. c. Other public or private training providers, which may include the following: i. Nonprofit Community Based Organization under Section 501(c)(3) of the Federal Internal Revenue Code. ii. Joint labor-management organizations. iii. Eligible training providers of Adult education and literacy activities under Workforce Innovation and Opportunity Act (WIOA) Title II. ETPL Training Program Types — In order for a training provider to receive WIOA funds through an Individual Training Account (ITA), its training program(s) must be listed on the ETPL. These programs must provide training services, including, but not limited to the following (unless otherwise noted): 1. Occupational skills training, including training for non-traditional employment. 2. Programs that combine workplace training with related instruction, which may include cooperative education programs. 3. Training programs operated by the private sector. 4. Skill upgrading and retraining. 5. Entrepreneurial training. 6. Adult Education or Literacy Activities in combination with training services listed above. 7. Apprenticeship and Pre -apprenticeship Skills Training (20 CFR 680.330). In -demand Industry Sector or Occupation —The determination of whether an industry sector or occupation is in -demand shall be made by the California Workforce Development Board (CWDB) or Local Board, as appropriate, using state and regional business and labor market projections. An industry sector is considered in demand if it has a substantial current, or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the state, regional, or local economy, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors. An occupation that currently has, or is projected to have, a number of positions in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate. Occupational Skills Training — An organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advanced levels. Postsecondary Credential —An industry -recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the state or federal government, or an Associate or Bachelor's degree. A recognized postsecondary credential is based on the attainment of measurable technical or industry/occupational skills necessary to obtain employment or advance within an industry/occupation. These technical or industry/occupational skills are generally based on standards developed or endorsed by WSD21-03 Page 2 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 employers or industry associations. The following are types of recognized postsecondary credentials: • Associate degree. • Bachelor's degree. • Occupational licensure (e.g. Certified Nursing Assistant license). • Occupational certificate, including Registered Apprenticeship and Career and Technical Education educational certificates. • Occupational certification (e.g. Automotive Service Excellence certification). • Other recognized certificates of industry/occupational skills completion sufficient to qualify for entry-level or advancement in employment. Certificates awarded by Local Boards and work readiness certificates are not considered postsecondary credentials because neither type of certificate is recognized industry -wide, nor documents the measurable technical or industry/occupational skills necessary to gain employment or advancement within an occupation. Certificates/credentials that provide general skills, even if such general skills are broadly required to qualify for entry-level employment or advancement in employment, are not considered postsecondary certificates/credentials. The following are examples of credentials/certificates that are not recognized postsecondary credentials: • Occupational Safety and Health Administration 10-hour course on job -related common safety and health hazards (OSHA 10). • National Career Readiness Certification. • National Retail Federation Credentials. • ServSafe Food Handler's Certification. • Cardio Pulmonary Resuscitation (CPR) Certification. • Certificates for General Computer Skills (Microsoft Word, Excel, Outlook, etc.). For an additional resource, the DOL designed an interactive Postsecondary Credential Attainment Decision Tree to assist in making a determination about whether a credential is considered an industry -recognized credential. This tool is best used in conjunction with the information outlined in this directive. Pre -apprenticeship Program —A program designed to prepare individuals to enter and succeed in an apprenticeship program, and includes the following elements: 1. Training and curriculum that aligns with the skill needs of employers in the economy of the state or region involved. 2. Access to educational and career counseling and other supportive services, directly or indirectly. WSD21-03 Page 3 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 3. Hands-on, meaningful learning activities that are connected to education and training activities, such as exploring career options, and understanding how the skills acquired through coursework can be applied toward a future career. 4. A partnership with one or more apprenticeship programs that assists in placing individuals who complete the pre -apprenticeship program in an apprenticeship program. 5. Opportunities to attain at least one industry -recognized credential through an apprenticeship program. Secondary School Diploma or Recognized Equivalent— CA -recognized diplomas issued by a CA public school, as well as by private schools accredited by the Western Association of Schools and Colleges (WASC) or equivalent regional accreditation body. The requirements of a secondary school diploma are outlined by the California Department of Education (CDE) and listed on CDE's High School Graduation Requirements webpage. A secondary school equivalency certification indicates that a student has completed the requirements for a high school education. CA has approved the use of three high school equivalency tests (HSET): GED®, HSSET®, and TASCII. These tests are for students 18 years old and older, and 17 years old (in some instances). Those who pass the CA High School Proficiency Examination are awarded a Certificate of Proficiency by the CA State Board of Education. While some HSET preparation programs may issue "diplomas or certificates" of completion these documents are not genuine high school equivalency credentials. There are various free HSET preparation programs available for free through the CA Adult Education Provider Directory. Third -Party Subcontracting — a program where course instruction and curriculum is not developed by the provider, and instead is created and delivered by a third party. Per Attachment 1 of the directive, the provider accepting tuition and related instruction fees (e.g. ITA) must be the provider listed on the ETPL. Third -party subcontractors cannot accept WIOA funding without meeting ETPL eligibility requirements, and being placed on the ETPL. Per the California Education Code Section 94886, private postsecondary institutions that receive "institutional charges" such as tuition are required to be approved or deemed exempt by the BPPE.1 1 EDC 94886 - Except as exempted in Article 4 (commencing with Section 94874) or in compliance with the transition provisions in Article 2 (commencing with Section 94802), a person shall not open, conduct, or do business as a private postsecondary educational institution in this state without obtaining an approval to operate under this chapter. EDC 94858 - "Private postsecondary educational institution" means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge. WSD21-03 Page 4 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 Training Program —A program of training services is one or more courses or classes, or a structured regimen that provides the WIOA training services, and leads to any of the following: 1. An industry -recognized certificate or certification, a certificate of completion of a registered apprenticeship, a license recognized by the State or the Federal government, an associate or baccalaureate degree. 2. A secondary school diploma or its equivalent. 3. Employment (see definition for Training Program that leads to Employment). 4. Measurable skill gains. Due the federal reporting requirements of the ETP Report, if a program is offered with more than one mode of delivery (e.g. online and in -person), more than one program length (e.g, contact hours and/or weeks), and/or more than one curriculum, the program needs to be entered once for each different variation. For example, if program A is offered online, and in - person, the program needs to be entered twice: (1) for the online program, and (2) for the in - person program. Training Program that leads to Employment —An eligible ETPL program must prepare graduates for a specific occupation related to the training that was provided. This means that programs must award measurable technical skills, rather than general skills that are broadly required for employment. These measurable technical or industry/occupational skills generally are based on standards developed or endorsed by employers or industry associations. The training program must be valuable to employers, as evidenced by partnerships with business within priority industry sectors as identified in the State or Local Plan. Support of the training program from at least three separate employers are required to be eligible, and documentation of this support should be uploaded into the provider profile. In addition, graduates of the program must be employed in an occupation related to the training program. Training -related employment can be recorded for WIOA graduates in the follow-up ribbon of the WIOA application. Unsubsidized Employment— Employment in the private or public sector where the employer does not receive a subsidy from public funds to offset all or part of the wages and costs of employing the individual. WSD21-03 Page 5 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 3 ETPL LOCAL BOARD DELEGATION AND CANCELATION FORM A Local Workforce Development Board (Local Board) may delegate or cancel responsibility of the California (CA) and local Eligible Training Provider List (ETPL) to an appointed Local Board by completing this form. This form must be completed at the time of a change (delegation or cancelation), and annually in July to ensure the State ETPL Coordinator is able to coordinate with the appropriate Local Board. Please sign (physical or electronic) and submit the completed form to the Employment Development Department via email to WSBETPI.@edd.ca.gov. Select either the Delegation or Cancelation box: ® DELEGATION — Delegating Local Board is assigning responsibility for the CA and local ETPL to the Appointed Local Board, and the Appointed Local Board agrees to coordinate the CA and local ETPL on behalf of the Delegating Local Board. Signatures are required of the Delegating and Appointed Local Board's Executive Director. ® CANCELATION — Delegating Local Board is revoking responsibility for the CA and local ETPL to the Appointed Local Board. The Delegating Local Board will resume responsibility for the CA and local ETPL unless a new Local Board is assigned this responsibility. Signatures are required of the Delegating and Appointed Local Board's Executive Director. Delegating Local Board Executive Director Name: Signature: Appointed Local Board Executive Director Name: Signature: Date: Date: WSD21-03 Page 1 of 1 ETPL POLICY AND PROCEDURES ATTACHMENT 4 CA ETP ASSURANCES FORM A completed and signed California (CA) Eligible Training Provider (ETP) Assurances Form must be uploaded to the documents section of the Provider Profile in CalJOBS. This form must be uploaded annually, prior to the provider being reviewed for eligibility. Part A. I certify that [Insert Name of School/O[ganization]: (a) Is a legal entity, registered to do business in the state of California (CA). (b) Has not been determined to be ineligible to receive federal funds. (c) Is in compliance with Workforce Innovation and Opportunity Act Section 188 and Title 29 Code of Federal Regulations Part 38. (d) Has demonstrated effectiveness in operating occupational classroom or distance training program(s). (e) Agrees that training provider facilities, classroom instruction, relevant financial records, and attendance records may be reviewed by state, federal and/or local monitors or auditors to ensure compliance with funding requirements. Part B. I certify that I: (a) Have reviewed the annual student data reporting requirements for the Eligible Training Provider Performance Report (ETP Report) established for training providers. Please refer to the ETP Report Required Data listed below. (b) Will begin collecting required student data elements that are not currently being collected. (c) Will report and submit the ETP Report data for all students trained in each of my school/organization's training programs listed as approved on the Eligible Training Provider List (ETPL) to the Employment Development Department by the due date. I understand that my school/organization's application for program approval on the CA ETPL will not be processed without receiving this Eligible Training Provider Assurances Form. Name of Training Provider (School/Organization) Mailing Address City, State, Zip Code Phone Number(###) ###-#### Print Name of School/Organization Representative Title of School/Organization Representative Signature of School/Organization Representative Date WSD21-03 Page 1 of 2 ETPL Program Name --------__._-..---------- Total Number of Individuals Served Total Number of Individuals Exited Total Number who Completed the Program Total Number Employed 2nd Quarter after Exit Median Earnings in the 2"d Quarter after Exit Total Number Employed 41h Quarter after Exit Total Number of Individuals that Attained a Credential Average Earnings in the 2nd Quarter after Exit Average Earnings in the 4th Quarter after Exit WSD21-03 Page 2 of 2 ETPL POLICIES AND PROCEDURES ATTACHMENT 5 CA ETPL Training Provider and Program Determination Flowchart STEP 1: CALIFORNIA ELIGIBLE TRAINING LIST (ETPL) TRAINING PROVIDER CATEGORY DETERMINATION Once Training Provider Type is determined, proceed to Step 2. ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 2: CA ETPL TRAINING PROVIDER TYPE DETERMINATION NO NO Lei ATTACHMENT S For definitions of the provider types, please reference Attachment 1 and 2 of the Directive. ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES YES ATTACHMENT 5 ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPLTRAINING PROVIDER ELIGIBLITY DETERMINATION ,Apprenticeship Program (StaiW,, ETPL Coofdiaator is respansibfey; far--.pfacingpridelrst). A' YES YES ATTACHMENT 5 ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION NO NO ATTACHMENT 5 ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES YES YES YES Bublicleast"secondarylnstitutioq. PublicPostSecandarYfnstRutwCYp jprd� eeeed to InifialPragcam _ � Ep:viceedLa tnitiat Program �� Eligibility}. Eligibilityj, ,' ATTACHMENT Training provider isl not eligible to be listed L on the CA ETPL. A Training provider is not eligible to be listE L on the CA ETPL. Training provider is not eligible to be iiste L'= on the CA ETPL r Training provider not eligible to be lis L on the CA ETPL. ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart ATTACHMENT 5 STEP 5: CA ETPL TRAINING PROVIDER ELIGIBILITY DETERMINATION YES ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 5: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES ATTACHMENT 5 ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 5: CA ETPL TRAINING PROVIDER ELIGIBILITY DETERMINATION YES ATTACHMENT 5 ETPL POLICY AND PROCEDURES ATTACHMENT 6 LOCAL ETPL COORDINATOR CONTACT FORM Each Local Workforce Development Board (Local Board) Executive Director must designate a Local Eligible Training Provider List (ETPL) Coordinator(s). The Local ETPL Coordinator(s) will review and nominate training providers and programs for inclusion on the ETPL, via CaIJOBSs^^ on behalf of the Local Board. Submit completed and signed (physical or electronic) form to the Employment Development Department by email: WSBETPL@edd.ca.gov. Date: Local Board: MIS Administrator Name: Executive Director Name: Executive Director Email Address: PRIMARY ALTERNATE (Optional) Signature of Approving Local Board Executive Director Date WSD21-03 Page 1 of 1 ATTACHMENT 7 SUMMARY OF COMMENTS Draft Directive ETPL Policy and Procedures (WSDD-215) There were 131 comments to the draft version of this Directive. Contents Accreditation..............................................................................................................................2 AdultEducation..........................................................................................................................2 Appeals.......................................................................................................................................2 Apprenticeships.........................................................................................................................3 ConsumerChoice.......................................................................................................................5 Delegation..................................................................................................................................5 Eligibility.....................................................................................................................................7 GeneralEligibility...................................................................................................................7 InitialEligibility.......................................................................................................................7 ContinuedEligibility...............................................................................................................8 CostInformation......................................................................................................................10 Credentials...............................................................................................................................11 DistanceEducation..................................................................................................................12 EEO...........................................................................................................................................13 ETPReport................................................................................................................................14 ETPAssurances Form...............................................................................................................17 General ETPL Requirements....................................................................................................17 In-Demand...............................................................................................................................19 LocalBoard Policy....................................................................................................................19 Localvs CA ETPL.......................................................................................................................20 Other........................................................................................................................................ 22 Out -of -State Providers.............................................................................................................22 Pre-apprenticeships.................................................................................................................23 ThirdParty................................................................................................................................24 Worker's Comp/Supplemental Job Displacement Benefit (SJDB)...........................................24 Page 1 of 25 Accreditation Comment #1—How do we determine If a provider and their programs are accredited? Resolution —Accreditation can be verified by visiting the Western Association of Schools and Colleges, Senior College and University Commission (WSCUC) or WASC Accrediting Commission for Community and Junior Colleges (WASC ACCJC) website and searching for the provider in the directory of institutions. Direct links are provided in the policy. Comment #2 — Do private postsecondary schools need to be Bureau of Private Postsecondary Education (BPPE) approved and accredited by WASC? Resolution — No, private providers must be either accredited by WASC, have BPPE Approval to Operate, or meet the exemption criteria identified in California Education Code (CEC) Section 94874. See Attachment 1 under 3. Private Postsecondary Institutions for more information. Comment #3 — Why is the accreditation only limited to Accrediting Commission for Schools (ACS), WASC, the WSCUC? Why is accreditation limited to regional and not inclusive of any Department of Education (DOE) accrediting agency in lieu of BPPE? There are specific examples listed in bold italics that do include these exceptions, what's the difference? Resolution —The BPPE oversees private postsecondary institutions operating in California with the exception of those outlined in CEC Section 94874. Per CEC 94874(i) institutions accredited by the ACS WASC, or WSCUC are exempt from the BPPE. Additional language expanding acceptable accrediting agencies for Distance Education providers has been added on page 9 of this directive. Adult Education Comment #4 — Regarding defining providers of adult education as only those who provide training under Title II of Workforce Innovation and Opportunity Act (WIOA) (English as a Second Language [ESL) and citizenship classes). This could exclude Regional Occupational Programs (ROPs), community based schools, and any district that contract these services out to local Community Based Organizations (CBOs). Resolution —Training Employment and Guidance Letter (TEGL) 8-19, attachment 1, page 3 includes "Eligible providers of adult education and literacy activities under WIOA Title II if such activities are provided in combination with training services described in 20 Code of Federal Regulations (CFR) § 680.350" as an eligible training provider. Appeals Comment #5 — Does the appeals process still work in the context of Local Workforce Development Boards (Local Boards) "nominating" providers for the ETPL instead of placing them on directly? Where should the appeals process start? Resolution —The appeals process starts with the Local Board that issued the denial. If a provider is denied inclusion on the ETPL, and wishes to appeal, the provider must submit its appeal to the Local Board. Page 2 of 25 Comment #6 — Who would be the party responsible for (1) suspending the provider that is under federal, state, or local investigation; (2) notifying the provider of the suspension? If the provider protests, stating they were not afforded due process conduct, who will be responsible for handling any possible legal process as a result of this suspension. Resolution — Removing the provider would be the responsibility of both the Local Board and the state. If either found that a training provider is currently under investigation, then the provider would be immediately suspended by either the state or the Local Board, and the Local Board would inform the provider of the suspension. The provider would then undergo the appeals process if it so chooses, starting with the Local Board. Comment #7— What if the training provider disagrees with the Local Board's initial eligibility assessment? Resolution —The Local Board must provide the training provider with information regarding the appeals process. Comment #8—Are initial/informal meetings required as part of the appeals process if both parties waive it based on written confirmation? Resolution —All Local Boards must include an option for an informal meeting in their appeals policy. However, both parties can agree to waive this requirement, and documentation should be uploaded into the Provider Profile. This also needs to be included in the local policy. Comment #9 —Are formal hearings required if both parties waive it? Can impartial hearing officers be employed at the Local Board or does it need to be from an outside agency? Can the hearing officer be a compliance analyst not working directly with ETPL? Resolution — Local Boards must include the option of a formal hearing in their appeals policy. However, both parties can agree to waive this requirement, and documentation should be uploaded into the Provider Profile. Guidance on the appeals process, including impartial hearing officers, needs to be included in the local policy. Comment #10— Can a Local Board rule to approve a provider on appeal, if the EDD originally rejected it? Resolution —Yes, but the provider/program has to go through final EDD approval before being reinstated to the ETPL. Apprenticeships Comment #11— It appears that a number of requirements are inapplicable to apprenticeship programs, including the WIOA Section 188 requirement. Is this correct? Resolution — Both Department of Labor (DOL) and Department of Industrial Relations (DIR), Division of Apprenticeship Standards (DAS) ensure that apprenticeships meet Equal Employment Opportunity (EEO) standards per 29 CFR 30.3, therefore the Local Board cannot impose additional EEO requirements onto the apprenticeship program. Page 3 of 25 Comment #12 — Please provide further guidance on including all California (CA) apprenticeships on the local Eligible Training Provider List (ETPL). There are some apprenticeship programs that are not available locally (example: apprenticeship programs in Imperial County do not have a presence in Southern California), and does not seem to make sense to list locally as we are unable to provide the Individual Training Account (ITA) for training due to the distance restrictions. Resolution — Per TEGL 13-16, Change 1, "All Registered Apprenticeship Program (RAPS) on a statewide ETP list must also be located on all local ETP lists in the state." In addition, TEGL 8-19 states that "Local Boards may add additional requirements for providers, except for RAPS, which result in providers that are on the state ETP list that may not be eligible for inclusion on the local ETP list." Comment #13 — Can Local Boards require local program requirements to apprenticeship programs related to payments (W-9s, Invoice Agreements) and other WIOA assurances (WIOA section 188), list of employers partners, or is that assumed by the state? Resolution —Apprenticeship programs cannot have additional eligibility requirements added to them, per TEGL 8-19. if an apprenticeship program is approved by DOL or DIR DAS and want to be added to the ETPL, they must be added to the state and local ETPL. They cannot be removed from the ETPL until they request to be removed or they lose apprenticeship approval/designation from DOL or DIR DAS. Comment #14 —Are registered apprenticeship programs required to provide a paid employment component and if they are not providing employment, how is that monitored? If they do not provide employment, isn't that just a regular training program? Resolution —Yes, per the Factsheet located on the DOL Apprenticeship website, apprenticeships are required to provide a paid employment component. The approval of apprenticeship programs is managed by the DOL and/or DIR DAS. Comment #15 —Are we allowed to require apprenticeship to meet our contracting/insurance requirements to be on the local list? Resolution — No. Per TEGL 8-19, no additional eligibility requirements can be added to apprenticeship programs. Comment #16 —There are approved apprenticeship programs in occupations that are not in our local priority sector or in -demand occupations. Our local policy is to not put such programs on our local ETPL. It would be inconsistent to allow such a program to be listed as an apprenticeship when we do not list it as a private postsecondary training program. Resolution — Per TEGL 13-16, Change 1, "Given that RAPS are a link to demonstrated hiring needs and WIOA provides automatic training provider eligibility to RAPS, ETA has determined that RAPS qualify as occupations in -demand in the local labor market." In addition, TEGL 8-19, Attachment 1, page 3 states: "RAPS are automatically eligible to be included on the ETP list and are exempt from state and local ETP eligibility requirements." Page 4 of 25 Comment #17 — If WIOA funds cannot be used for building construction, doesn't that restrict Local Boards from funding apprenticeship/pre-apprenticeship programs? Resolution — DOL Final Rules 683.235 clarifies that WIOA funds can't be used for construction, etc. for the purposes of administering WIOA without prior approval from the Secretary of State. However, in the context of apprenticeships and pre -apprenticeships, WIOA funds can be used to pay for participants to be enrolled in construction programs. Consumer Choice Comment #18 — Does this mean the Local Board must refer the client for training and an ITA regardless of the appropriateness of the training? Can an individual demand enrollment and training services while demonstrating poor fitness by missing appointments, failing to meet their obligations in the Individual Employment Plan (IEP), and participate in training that does not necessarily fit their employment goals as long as they possess the minimum age, basic skills, and/or prerequisites to do so? If so, we do not believe this is required by WIOA or beneficial to the participant or the system. Resolution —The America's Job Center of California" staff must determine training services are appropriate for an individual after conducting an interview, an evaluation or assessment, and career planning. If training is determined to be appropriate after meeting with a career planner, the Local Board must send that participant to the training they select as long as training funds have not been exhausted. Individuals maintain the right to enroll in whatever program they choose, however it is the Local Board's responsibility to help individuals with choosing the best program that fits their needs based on the IEP. Please see the definition of Training Services in WSD19-06 for further guidance on how an individual qualifies for training services. Comment #19 —The CA ETPL does not permit the Local Board to approve a training program that is eligible to be paid with WIOA funding, even though the Local Board is the subject matter expert on what will lead to a self -sustainable career in the local/regional economy. The CA ETPL limits the choice of consumer and the Local Board to use Labor Market Information to determine which courses should be deemed eligible. Resolution — Local Board staff are still able to select providers to nominate that reflect the needs of their Local Workforc a Development Area (Local Area). Attachment 1, page 6 states "Once all necessary information is entered, the Local ETPL Coordinator must review and nominate the training provider and/or program for inclusion on the CA ETPL" Delegation Comment #20 — Does each Local Board need to screen all ETPL schools in the Regional Planning Unit (RPU) for inclusion on its local ETPL? Currently we only go through the local process if a customer requests the school. Resolution —Yes, as well as all CA ETPL approved distance education providers and registered apprenticeships. Page 5 of 25 Comment #21— How does a Local ETPL Coordinator get notified that a distance education program or a program in the RPU has been approved? Resolution — ETPL Coordinators receive notifications via the CaIJOBSsM Message Center for their ETPL Coordinator account alerting them to newly added and approved programs. Comment #22 — Please explain how this will be handled for the providers and programs that are already listed. Currently, the ETPL Coordinator in which the main campus is located must manage all of the sites, even those out of their area. Resolution — Local Board initial and continued eligibility procedures will need to be adjusted. For Continued Eligibility, the provider profile will be reviewed by the EDD. The programs will continue to be reviewed by the Local Boards where the programs are located. Comment #23 — Local Boards with the main office or main campus located in their region, should not be responsible for listing other affiliated programs located outside their region. Each region needs to have the option to list linked campuses/schools separately in each region. With EEO monitoring requirements and no designated funding provided to hire ETPL Coordinators, being responsible for multiple campuses throughout the State, is an unrealistic expectation, especially for smaller Local Boards with limited resources. Resolution — For Initial Eligibility, the provider profile is nominated by the Local Board where the provider is headquartered. Programs will be nominated by the Local Board where the program is located. For Continued Eligibility, the provider profile will be reviewed by the EDD. The programs will continue to be reviewed by the Local Boards where the programs are located. Comment #24 — Once programs are listed on the CA ETPL, can this be clarified why training providers need to contact Local Boards? If the provider is not currently on the CA ETPL, shouldn't the Local Board where the provider (not the program) is located be responsible for nominating the provider? Resolution — Providers can reach out to the Local ETPL Coordinator for technical assistance with entering information in CaIJOBS. The provider is nominated by the Local Board where the provider is headquartered. Programs will be nominated by the Local Board where the program is located. Comment #25 — If there are no changes to the ETPL Local Board Delegation and Cancellation Form (Attachment 3) and the Local ETPL Coordinator Contact Form (Attachment 7) that are already on file, do we need to resubmit them under this new Draft Directive? Resolution — Local Boards will need to submit the ETPL Local Board Delegation and Cancellation Form (Attachment 3) annually in July. The Local ETPL Coordinator Contact Form (Attachment 7) only needs to be resubmitted when there are updates. Comment #26 — Is it possible to not only delegate ETPL duties to another Local Board, but instead to delegate individual providers to another Local Board? Page 6 of 25 Resolution —The delegation form is used to delegate ETPL responsibilities (including providers/programs) to another Local Board. Individual providers cannot be delegated to another Local Board. If a provider moves its headquarters from one Local Area to another, the responsibility for that provider changes, and both Local Board ETPL Coordinators should be made aware of the change. Eligibility General Eligibility Comment #27 — Can Local Boards place the burden of proof on providers to prove that their programs meet the requirements for eligibility? Resolution — Local Board staff are required to review programs to ensure they meet eligibility requirements, including credentials. Once all necessary information is entered, the Local ETPL Coordinator must review and nominate the training provider and/or program for inclusion on the CA ETPL ensuring all information provided is complete, accurate, and current, and is in alignment with this Directive. Comment #28 — What documentation is required to demonstrate a provider's partnership with local businesses? Resolution —This will vary depending on the Local Board and their local policy. The state will allow Local Boards to decide what is considered "in partnership with business. Comment #29 — Will the negotiated goals be the same as WIOA title I programs or will there be different ones for training provider programs? Resolution — Programs must meet the performance requirements described in the continued eligibility section of the Directive, as well as the state -level Title I Adult performance goal. Comment #30— Why are training providers that do not award degrees and solely provide educational programs for total charges of $2,500 not allowed? If a provider has a BPPE exemption, it is unclear if a WIOA-funded ITA is considered Federal student financial aid and therefore ineligible. Resolution —This exemption prohibits any federal funding be used to pay for this program, thus excluding WIOA funding from being used. Section 74110 of the CEC defines public funding as "any financial aid paid on behalf of students or directly to an institution from any public source," which includes WIOA. Initial Eligibility Comment #31— Performance requirements for initial eligibility limit customer choice and local autonomy by removing the ability for new training providers to be added to the ETPL without performance data. The Draft Directive does not specify the source of the performance metrics. If in the past, it will come from a provider's BPPE Annual Report, this will further inhibit a Local Board's autonomy as BPPE is currently two years behind in publishing performance data and, in fact, does not even allow a provider to upload data until September for publication in Page 7 of 25 December. This would effectively mean new providers would be required to have two years of performance metrics. Resolution —TEGL 8-19, Attachment 1 indicates that, "The performance of ETPs is a factor that states must use in determining both initial and continued eligibility of a provider to be included on the state's ETP list." The state requires placement data for initial eligibility for two main reasons: 1) it ensures that providers on the ETPL are of a certain quality in keeping with state and federal laws and regulations, and 2) participants are more likely to be successful in WIOA (i.e. employment) if the ETPL program meets the initial eligibility placement requirement. This benefits Local Board performance numbers. Performance data is entered directly into CalJOBS, and is no longer verified using the BPPE Annual Report. Comment #32 —Given the time it takes for a provider to create and complete an ETPL application, what is the exact timeframe for Local Boards to complete their review process? Resolution — Local Boards should complete their review process of a provider within 30 calendar days of the complete provider and/or program data being submitted into CaIJOBS. The state considers the date of a program being submitted as the application date, and the Local Board has 30 days from that date to nominate the program for review to the state. Comment #33 — Is it required that all initial and continued eligibility reviews be reviewed by the state prior to a Local Board approving? If so, what is the process for this? Resolution — Local Boards will submit providers and their programs to the state for review. This is called "nominating," and the process will be very similar to the current one for adding programs to the ETPL. Within 30 days of receiving the nomination, the state will review the data in CaIJOBS and either approve or deny the provider and/or program, and inform the Local Board. Comment #34— In the past, performance was collected during the subsequent eligibility period. Are we now, gathering information on performance prior to listing a program on the ETPL? Is there an exception for performance if the provider or program is new? Resolution —Yes, performance information must be provided as part of the initial eligibility review process. The use of performance data during initial eligibility review is required by the DOL, and cannot be waived. Continued Eligibility Comment #35— Removing programs and then requiring a program meet continued eligibility requirements limits consumer choice and would slow the ETPL's ability to foster demand - driven skills attainment. Resolution —The state has implemented this policy to limit the number of providers that are only on the ETPL for other funding sources (e.g. Workers' Compensation Vouchers) and should help limit the burden of the Local Board ETPL Coordinators in reviewing these providers if they are not helping participants in the workforce system. Comment #36 — Previously, it was up to the Local Board to determine if a provider or program can stay on the ETPL. Is it required that we remove the provider if no enrollments have Page 8 of 25 occurred in 2 years? If so, what is the process for the provider to get back on the ETPL? Cana customer request the provider? Resolution —Yes, per the Directive providers must be removed from the ETPL if they do not have at least one enrollment in the previous two program years (PYs). If they would like to get back on the ETPL, they must wait 6 months before reapplying to the ETPL and meet the continued eligibility requirements in the Directive. Comment #37 — What is the process for schools that are already listed on the ETPL? Do we review all new requirements at their annual mark or do they need to be reviewed at the effective date of this Directive? Resolution — Per the ETPL Directive, continued eligibility applies to all training providers listed on the CA ETPL at any time under the WIOA or Workforce Investment Act (WIA), and whose initial eligibility has expired. A training provider's initial and continued eligibility is valid for 365 days after the provider is approved for the ETPL. Providers and programs already on the list can be reviewed using the policies outlined in this directive the next time they are reviewed for continued eligibility. Comment #38 — Providers on the ETPL for two full complete PYs (July 1—June 30) must have at least one Title I, subtitle B enrollment during the previous two PYs. Does this refer to one enrollment in the entire provider or one enrollment in the individual program? Resolution — One enrollment for the entire provider. This requirement is not applied to the program. Comment #39— What is the reapplication process for programs trying to remain on the ETPL? Resolution — Please see the ETPL Guide Card (Attachment 5) for steps on how programs are submitted for continued eligibility review. Comment #40 —Since continued eligibility can be reviewed at any time during the year (calendar or fiscal), which timeframe is used to measure performance? Resolution —The performance timeframe is for the previous complete PY, July V to June 30th. Comment #41— Will Local Boards have the discretion when they conduct continued eligibility? Resolution —After the program becomes initially eligible, they must be reviewed again before the end of the first year (i.e. a program is added to the ETPL on 10/22/2020, the Local Board must review the program again prior to 10/22/2021). Continued eligibility for providers and programs on the CA ETPL must be reviewed every year. For the local ETPL, Local Boards can do Continued eligibility every two years. Local Boards can determine the time frame in which they review and complete continued eligibility as long as it is done within the required timeframes. Comment #42 — For programs that run over the one-year period, how should the Local Board conduct continued eligibility? Page 9 of 25 Resolution — Programs that are longer than one year should use whatever cohort is graduating in the year to determine if they meet continued eligibility. Comment #43 — How do Local Boards determine which programs are up for continued eligibility? Resolution — ETPL programs in CaIJOBS have a Subsequent Review Due Date (SRDD), which is the date that Local Boards must review a program by. If a program is not reviewed by the SRDD, the program will automatically be removed from the ETPL. Programs that are 60 days from their SRDD will have a REAPP icon, indicating they are in need of review. The Detailed Report > Provider > by Program Reapplication allows Local Board to see which programs on the ETPL are due for review. Comment #44—How do Local Boards keep track of programs during continued eligibility, aside from reports? What if there are issues with how the reports function? Resolution — ETPL staff accounts allow for notifications to be sent to staff's email regarding new programs, changes to existing programs, and other changes in the ETPL module. If there are any issues regarding notifications, please reach out to the CaIJOBS Operations Unit at caljobsadmin@edd.ca.gov. The state is also working to revise provider reports to be more useful to ETPL staff. If ETPL staff would like to request updates to reports (new filters, new columns, etc.), they can email the ETPL box at wsbetpl@edd.ca.gov. Comment #45 — Will we be using the most recent data available in ETP Report for our continued eligibility or waiting until a new year is submitted? Resolution — You would use the most recently available performance data to determine if a provider is eligible. Comment #46 — Reviewing year-round instead of at one specific time may seem like a more efficient method, but in reality, it puts an onerous burden on ETPL coordinators. Couldn't it be possible to make the review at a set time during the year? Or Local Boards should have the option to review at a minimum, once per year, or every 2 years if programs are longer than a year? Resolution —After the program becomes initially eligible and is added to the CA ETPL, they must be reviewed annually for continued eligibility (i.e. a program is added to the ETPL on 10/22/2020, the Local Board ETPL Coordinator must review the program again prior to 10/22/2021). For the local ETPL, Local Boards can do continued eligibility every two years. Local Boards can determine the time frame in which they review and complete continued eligibility as long as it is done within the required timeframes. Cost Information Comment #47 — What should the cost information for an ETPL program be matched to? Resolution —The cost in the Cost Details tab of the program wizard should match the cost a Page 10 of 25 member of the general public would pay when enrolling in the program without assistance from WIOA. This information should be available in the provider's brochure or website. Credentials Comment #48—This DOL Credential Tool does not include a categoryfor private postsecondary providers. Resolution —Those providers would fit underthe "Institutions for Higher Education" category. Comment #49 —The DOL Credential Tool does not explain the skills that either meet/do not meet the definition of a credential. It also does not explain what "in -demand" means. Resolution —The DOL Credential Tool is meant to accompany federal ETPL guidance and illustrate how the requirements are met, rather than explain what those requirements are. Comment #50— If a Local Board, as part of the local initial eligibility requirements, completes an onsite visit with an industry expert who verifies the program meets industry standards, evidenced by the review of the curriculum, equipment, testing, etc., would this be considered as meeting the industry credentials? Resolution —These requirements are in addition to the credential/employment for a specific occupation requirement, not specific criteria for the requirements. Credentials that are "industry -recognized" must meet the definition as described in WSD19-03. Comment #51— There are many programs that do not meet the narrow definition of Post - Secondary Credential outlined in the Definitions attachment that provide valuable and demonstrated effectiveness to individuals with barriers to employment (such as programs for Microsoft Office applications and other office and administrative oriented programs). We also believe these should meet the definition of training under Skills Upgrade and Retraining. Resolution — Per Training and Employment Notice (TEN) 25-19, the programs described here do not meet the definition of a post -secondary credential, since the skills that are attained fall into the general skills/work readiness category. WIOA funds can be used to provide training to general skills such as work readiness, hygiene or safety, but credentials can only be counted toward recognized postsecondary credential attainment if they prepare a person with the competencies required to perform a specific occupation. Local Boards can still send participants to Microsoft courses; however, it is considered a Short-term Prevocational Service and CaIJOBS activity code 215 should be used. Comment #52 —Several comments were received regarding the desire to exclude Skills Upgrading and Retraining, Entrepreneurial Training, and Adult Education and Literacy Activities from the list of services required to be on the ETPL. Resolution — Per TEGL 8-19, Attachment 1, these training services are required to be on the ETPL if using an ITA. Page 11 of 25 Comment #53 — Would the fact that there is a partnership be the only evidence needed to prove that the provider's credential and/or certificate is acceptable as an industry -recognized credential? What extent or depth of partnership is required to meet this bar- and what criteria should the ETPL coordinator use to determine what the extent or depth of the partnership is? Should there be written documentation? Resolution — No, credentials that are "industry -recognized" must meet the definition as described in WSD19-03. The extent or depth of partnership will be determined by each Local Board. Comment #54—The second to last bullet (page 4) only mentions credentials and or certificates, but does it also include degrees or licenses? Resolution —Yes. Attachment 2 provides a full list of the types of recognized postsecondary credentials. Comment #55 — If the program does not issue the credential, what is the distinction that the program meets a requirement to lead to a license? Would it be "if a separate/third party exam is required to obtain the license," otherwise it would need to be issued bythe training provider? Resolution —The training program does not have to issue the credential, but the training program should prepare the individual to obtain the credential. For example, a Class A Truck Driving program does not issue the Class A driver's license, but it should prepare the individual to pass the state issued exam to obtain the license. Comment #56 —The DOL Credential Tool indicates that a secondary school diploma or equivalent meets the requirements of a credential when attesting to Industry -wide Technical or Industry/Occupation Skills. We believe programs to attain secondary school diplomas or the equivalent meet the definition of training and credential. Resolution — Credentials that are "industry -recognized" must meet the definition as described in WSD19-03. A secondary school diploma or equivalent is a credential, but the Adult Education program can only be on the ETPL when earned in conjunction with Occupational Skills Training. Distance Education Comment #57— Emergent needs from COVID (online versions, remote training, etc.) is not represented at this time on ETPL. There is urgent need for access to quick training options in addition to training designed to assist in short-term skill building in order to access surge recruitment and lifeboatjobs. How will we handle this need? Resolution — Online learning and/or remote training (distance education) is eligible to be on the ETPL. These providers are reviewed for initial and continued eligibility by the State ETPL Coordinator. Under the new Directive, the responsibility for providers that only function in a distance education capacity shifts to the state for initial and subsequent eligibility review. Page 12 of 25 Comment #58— With the change in instruction delivery due to COVID, will training providers already listed on ETPL have to create new listings for on-line programs? Resolution —Yes. Per Attachment 1, "If the program is offered with multiple modes of delivery, curriculum, or course lengths, the program must be entered separately for each variation." Please reference the definition of a Training Program in Attachment 2. Comment #59—Online training is really limited, particularly by providers outside of California. There are many quality training programs that initiate and have headquarters outside of California. The ETPL makes it difficult to find and access these providers. Additionally, online courses (without physical operations) are not easily added which is a disincentive. Resolution — Distance Education providers can be headquartered outside of CA, but they must only offer distance education courses. If they only have physical training locations outside of CA, then they are considered an out-of-state provider and cannot be on the CA ETPL; however, an approved reciprocal agreement may be used. If they have physical locations in CA, but are headquartered outside CA, they are still considered an in -state provider and can be on the ETPL if they meet eligibility requirements. Per the Education Code Section 94801.5, Distance Education private postsecondary education institutions must register with BPPE, unless they provide undergraduate or graduate degrees. Comment #60 — What about providers that provide both distance and in -person programs? Or programs that are hybrid partially distance and partially in -person? Resolution — If the provider offers alternative or "hybrid" in -person and online programs, and have a physical location in California, they are an in -state provider. If the program is offered with multiple modes of delivery, different curriculum, and/or different course lengths, the program must be entered separately for each variation. Please reference the definition of a Training Program in Attachment 2. Comment #61— CaIJOBS offers a screen for choosing "Duration" with options of more than one intensity, duration and schedule. CaIJOBS also offers a "Scheduling" screen that could be updated by GSI to allow a selection for in -person and/or distance learning if you want to track it. Could these be used instead of creating separate program entries in CaIJOBS for a single program that only has one listing with the accrediting agency, one curriculum, one cost and one set of performance? Shouldn't CaIJOBS listings match the exact titles and programs approved by the accrediting agency? Resolution — Programs with multiple modes of delivery, different lengths of instruction, and/or different curriculum must be listed separately to comply with ETP Report requirements. Program details should match the brochures available on the provider's website. Comment #62 — Who is responsible for initial and continued eligibility for Distance Education providers? Resolution —The State ETPL Coordinator is responsible for the initial and continued eligibility of Distance Education providers. EEO Page 13 of 25 Comment #63 — Where do Local Boards find the EEO monitoring tools? Resolution — Please refer to your Local Board's EEO Officer, as defined in WSD17-01. Comment #64 — How do Local Boards conduct EEO monitoring for providers with multiple locations? Resolution — It is recommended that Local Boards provide the provider one of the EEO monitoring tools (depending on size of provider), and have them complete it and add it to their CaIJOBS Provider Profile. For additional assistance, please refer to your Local Board's EEO Officer and reference WSD17-01. Comment #65 —Are on -site visits (which would be needed to determine that EEO and other items are posted) required before nominating a training vendor for inclusion on the CA ETPL? Resolution — No, it is recommended that Local Boards provide one of the EEO monitoring tools (depending on size of provider), and have them complete it and add it to their CalJOBS Provider Profile. For additional assistance, please refer to your Local Board's EEO Officer and reference WSD17-01. Comment #66 — Do the EEO requirements in the Draft Directive apply to all providers? Resolution —This applies to all training providers, except apprenticeship programs. ETP Report Comment #67— What if BPPE performance data is not collected for providers who serve rural areas? Won't this negatively affect their placement rate? Resolution — Performance requirements for providers under the new ETPL Directive do not require BPPE placement data. Placement data is directly entered into CalJOBS. Comment #68 — Public education either does not collect and track students past graduation or claim they aren't allowed to release that information due to confidentiality requirements. If a public postsecondary CC, CSU or LIC does not provide % who successfully completed a program, nor % who are employed within 6 months for initial eligibility, their program must still be listed on the CA ETPL because they are not required to meet a specific performance threshold, correct? Resolution — For Initial Eligibility, public postsecondary providers are still required to submit performance data. They are not required to meet a threshold. Comment #69 — Would a waiver be available if the individual was sick or had a valid reason not to take the first test? Some state tests have very long periods between test dates. Resolution — No, a waiver is not available for a missed test. Comment #70 — How is the provider supposed to know when one of their students has exited from WIOA? Or does this mean the student exited from the program, either by successfully completing or dropping out? Resolution — Exiting the program refers to the training program rather than WIOA. Page 14 of 25 Comment #71— Is the placement requirement based on WIOA enrollments only or includes general public as well? Resolution —The placement requirement for initial eligibility includes all students. For continued eligibility, the completion measures includes all students, whereas the other measures include WIOA participants only. Comment #72 — In regards to performance for public postsecondary, is there a form for the providers to fill out with the performance information? Resolution —All providers are required to report their performance data directly into CaIJOBS. Comment #73 — Local Boards are responsible for meeting WIOA performance outcomes for WIOA participants. Are training providers held to the outcomes that are the responsibility of the Local Boards or do they hold shared responsibility? If the performance metrics inclusive of both WIOA and non-WIOA participants, is it common for providers to track employment outcomes or is this specific to ETPL? Resolution — Providers are held to the performance requirements outlined in the ETPL Directive, as described in the Initial and Continued Eligibility sections. If providers and/or programs are successful with WIOA participants, the Local Board will see this success in meeting their negotiated goals. The responsibility of outcomes is shared. Comment #74— Program data being entered into CaIJOBS represents duplication of work for those who do collect such information and is not verifiable. Minimally, we believe the state should work with the CaIJOBS vendor to provide a more streamlined process. Resolution —As described in TEGL 3-18, all providers must work with the state to submit performance data required by the ETP Report in order to be eligible and listed on the ETPL. WIOA participant data will come from case management work that is already entered into WIOA applications in CaIJOBS. Providers are required to submit aggregate data on all students in CaIJOBS. Comment #75 — Providers are required to report data on ALL students, not just WIOA, to the Local Board and the state. Does this data need to be reported by individual? If so, how do we avoid FERPA violations with individuals who have not signed consent for us to have their data? Resolution — Providers only need to submit aggregate all student data as outlined on the CA ETP Assurances Form (Attachment 4). Comment #76—The data collection and reporting of all students that is required for the ETP Report is prohibitive. This is evidenced by many waivers that have been granted by DOL to states as well as our own state's request to waive this provision. The waiver to collect all student data should be extended. Resolution —The waiver to report all student data ended with PY 19. DOL has recently granted an extension to the waiver for PY 20; however, the DOL denied our request for a waiver Page 15 of 25 beyond PY 20, so providers will need to collect and report data on all students (WIOA and non- WIOA). For additional information on the end of this waiver, please see TEN 07-21. Comment #77 —Are Community Colleges, UCs and CSUs required to submit data on all of the data points referenced in the CA ETP Assurance Form? There should be a mechanism to obtain entered employment from students attending public schools. Resolution — Yes, per TEGL 3-18 all providers must submit data for the ETP Report. The CA ETP Assurances Form (Attachment 4) notes the data elements required for providers. Comment #78 — Will the state be working directly with providers to upload data to CaIJOBS or will the State be contacting the Local Boards to complete these tasks? Resolution — Ultimately, the Local Boards are responsible for reviewing providers and programs for initial and continued eligibility, which includes performance data. Guidance will be provided on how to upload or enter performance data into CaIJOBS. Comment #79 —The Directive references the ETP site is scheduled to launch in PY 2020; when will this be a requirement for providers to submit data to the system? What do we do in the interim? Resolution — Per TEN 7-21, the ETP All Students Waiver expired on June 30, 2021, so Performance data is required to be submitted by providers beginning in PY 21. Comment #80 — ETP Reports will be published in October, what is the reporting period for that report? Are performance reports requested annually by calendar year or program year? Resolution —The ETP Report is reported by PY (July 1 to June 30). For PY 2020, the report due in October 2021 reflects data from July 1, 2020 to June 30, 2021. Comment #81— It looks like the state is aligning the provider program performance measures with WIOA indicators of performance. Does this mean the state will measure this data themselves just as they do with WIOA indicators of performance? Resolution — Providers will submit all student data to the state through the CaIJOBS system, which is then uploaded into the Eligible Training Provider Performance Report (ETP Report). The CA ETP Assurances Form (Attachment 4) details what data the providers are responsible for submitting. WIOA student data will be calculated automatically via the case management data in the CalJOBS system. Comment #82 — Will training providers be required to enter performance data for individual participants or will it still be totals per program? Will the data be required for both WIOA and non-WIOA students? Resolution —Training providers must enter aggregate data into CaIJOBS for all students in the programs. WIOA student performance data will be calculated via the case management data entered by the case manager. Comment #83— Will there be a CaIJOBS report for performance data? Page 16 of 25 Resolution — Yes, please use the CaIJOBS Detailed Reports > Provider> by Program Performance report. Comment #84 —What if a participant used a pseudo SSN in CaIJOBS? Resolution — If the participant has a pseudo SSN, Local Boards should capture employment and wage information in the Follow Up forms, just as they would normally for WIOA performance. WIOA participants will be included in the ETP Report automatically. Comment #85—Are training providers expected to capture WIOA performance data that is being captured by WIOA case managers (i.e., employment data)? Resolution —Training providers are expected to capture and report aggregate data for all students (WIOA and non-WIOA). Comment #86 — Will the due date for performance be issued as an Information Notice? Resolution — Beginning in PY 21, any provider undergoing initial or continued eligibility review must provide the performance data outlined in this directive. ETP Assurances Form Comment #87 — Does Page 2 have to be filled out for each student who attended during the reporting period? Resolution — No, the CA ETP Assurances Form is just the signed agreement from the provider agreeing they will provide the necessary data elements on the following page. Comment #88 — Does the completed and uploaded CA ETP Assurances Form replace the Performance tab? Or does the Information have to be entered in both places? Resolution —The CA ETP Assurances Form is just an agreement that providers will provide the indicated data. The form should be uploaded to the Documents section of the Provider's Profile. The performance data still needs to be submitted in the Performance tab in CaIJOBS. General ETPL Requirements Comment #89 — Due to a combination of performance reporting and the continued eligibility process, Local Boards have seen competition on the ETPL dwindle to very few. This does not promote access and equity. The challenge primarily seems to stem around the accreditation process and reporting. Resolution — It is required per WIOA law, regulations, and guidance that initial eligibility and continued eligibility of providers and programs meet certain requirements, including accreditation and meeting a factor of performance. DOL has also prescribed the requirements of the ETP Report. The state is looking into and open to suggestions on ways to make the required reporting less burdensome. We are also open to ideas and ways to assist Local Boards with advertising the ETPL to providers in their area in an effort to build the list of providers in their area. While a contract is more cumbersome than an ITA, a Local Board has the authority to contract with a provider if they determine there is a lack of providers in their area that offer a specific training program. Page 17 of 25 Comment #90 — Vetting process for adding training providers needs to be streamlined and much improved. It is currently locally driven. Can this be centralized in state this can really help achieve economies of scale? Additionally, the state has expertise in financial stability, accessibility, compliance, etc. Resolution — With the implementation of this policy, the EDD will review all Local Board nominated providers and program for initial and continued eligibility ensuring the requirements outline in this directive are applied consistently. In addition, the EDD is exploring other ways to streamline and improve the ETPL process. Comment #91—Are Adult Education and Literacy activities not allowable/fundable under WIOA unless in conjunction with an authorized training? Are such activities allowable, but not considered training? Are they simply not allowable? Resolution —To be listed on the ETPL, the provider must be an eligible provider of adult education and literacy activities under Title II of WIOA. Adult education and/or literacy activities must be offered concurrently, or in combination with, occupational skills training. Comment #92 — Public education course work should automatically be accessed and allowed on ETPL. Data collection has proven prohibitive. Should all public schools, such as Adult Ed, Community Colleges, ROP, contract education, etc., should be automatically eligible. Resolution — Not all public education programs are in -demand, so each program should be looked at individually for ETPL eligibility requirements. Per federal requirements, data collection is required of all providers (except registered apprenticeships). Comment #93 —Are all other service types on Section B, page 2 (except on the job training [OJT], Incumbent Worker Training [IWT], and customized training) required to be on ETPL? Resolution —Aside from OJT, IWT, and customized training, all services listed are considered training services, and when funded through an ITA, these must be on the ETPL per TEGL 8- 19. Comment #94— Is it required that OJT, IWT, customized training providers are listed in CalJOBS as a non-ITA provider or be listed on the local ETPL? Resolution — Local Areas are encouraged to enter OJT, IWT, and customized training providers into CaIJOBS as a non-ITA provider. These providers are not required to be on the ETPL; however, the Local Board must inform participants of the OJT, IWT, and customized training options available. In CaIJOBS, these providers would be listed as either ETPL (ITA) or Local Providers (non-ITA). Comment #95 — If all elements of the Draft Directive become final, it will take all the time of one full-time employee to implement them. Additional funding and training would have to be provided by the state. Resolution —The EDD will offer training, and quarterly meetings with the ETPL Coordinators to provide technical assistance. Questions and concerns regarding Local Area's allocations can be directed to the Local Board's Regional Advisor. Page 18 of 25 Comment #96 — What about programs that are offered in English and Spanish? Should those be listed separately, like programs that are online or in -person? BPPE does not mandate combining of program data for English and Spanish courses. Resolution — If the curriculum between a Spanish and an English program is the same, then the program only needs to be entered once. The description of the program should indicate that the program is offered in both English and Spanish. If the curriculum between the two programs is different, then the programs should be listed separately, per DOL ETP reporting requirements. In -Demand Comment #97 — Who verifies whether a program is in -demand? The ETPL coordinator of the Local Board that nominated the provider? And what about priority sectors of adjacent or even far -away Local Boards? Resolution —The Local Board is responsible for verifying that a program be for occupations in in -demand industry sectors identified by the state, region, or Local Board. In -demand or priority industry sector information must be verified with the State Board and/or Local Board. CA ETPL programs would then be available for other Local Boards to use. If the Local Board chooses to have a local ETPL, the Local Board would determine if the program is in -demand in their area. Comment #98 — In -demand industry sectors are locally defined. How do you identify occupations (by SOC code) that are in -demand as determined by the state? Where is this list located? Would you use state in -demand to determine state eligibility, then use local in - demand to determine local eligibility? Resolution — California's Unified Strategic Workforce Development Plan has language on what is considered an in -demand occupation, as well as a list of occupations that Local Boards can use to justify state in -demand requirements. Local Boards would then apply their own local requirements for their local ETPL eligibility. You can find a link to the plan on the California Workforce Development Board's website. Local Board Policy Comment #99 — Does the state have a guide for the specific documents that contribute to "sufficient records"? Resolution —This requirement is to ensure providers are submitting accurate data to the Local Board. Providers can be removed for intentionally supplying inaccurate data. What constitutes as "sufficient records" needs to be addressed in the Local Board's local policy. Comment #100 — If the provider that went out of business is the only provider in a reasonable distance, Local Boards may not be able to provide a comparable training alternative. Must we provide travel costs if the client wishes to go? Resolution —This would be something to address in the Local Board's local policy. Page 19 of 25 Comment #101— Regarding the requirements for Local Board policy listed at the bottom of page 5, isn't this already covered by BPPE Approval/Exemption or WASC accreditation? Resolution —This requirement is for providers who are deemed exempt per CEC 94874, and are not regionally accredited by an accrediting institution. Comment #102— Current local policy is to have individuals research and visit 3 schools that provide the training that the individual is interested in, before they select which school they wish to attend. Does this supersede the requirements described in Section E, page 5, and we should no longer have the individuals go to 3 schools first? Resolution — Local Boards can continue with this type of procedure, as described in their local policy. Local vs CA ETPL Comment #103 — Without clear guidelines, Local Boards cannot expect the participants to understand why certain local programs are available in the state, but not in our Local Area. It also makes it confusing for the participant when they are reverse referred from that training provider and we will not approve the training locally, but it can be added to the CA ETPL. Resolution — The state is working with the vendor to display CA and local ETPL programs differently. This distinction in the system should help clarify what programs are available to participants, depending on where they are located. TEGL 8-19 allows for Local Boards to continue deciding what programs are allowed on their local ETPL. Comment #104— It a Local Board utilizes the CA ETPL, CaIJOBS serves as the "local list of training providers and programs," correct? Is it possible for the Local Board to make incumbent worker training provider information available when this is by definition only for a specific employer and a specific group of employed individuals? Resolution —The list available to the public includes training providers and programs that are on the ETPL. Any additional training providers that are not on the ETPL (non-ITA) can be entered as a local provider in CaIJOBS and only viewed by staff. The IWT may be eligible for, but not required to be on, the ETPL. Comment #105—Can state and local eligibility be conducted simultaneously? Resolution — Local Boards can review the provider and program at the same time for both CA and local ETPL eligibility, but they need to review the provider for the appropriate requirements (i.e. local ETPL has additional requirements to eligibility that do not effect eligibility for the CA ETPL). Also, CA ETPL eligibility review must happen first, because if they are no longer eligible per CA ETPL requirements, then they cannot be on the local ETPL. Comment #106 — For the purpose of review for continued eligibility, does local ETPL refer to the geographic boundaries of the Local Board or the training providers that are under contract to the Local Board for payment of ITAs? Resolution —The local ETPL includes all providers that are on the CA ETPL, and meet that Local Board's local ETPL requirements. Page 20 of 25 Comment #107— Local Boards may have additional criteria in order to be listed locally. For those who do not meet our local requirements, we are expected to list and manage them for the CA ETPL even though we will not use them locally? For both initial and continued eligibility? What happens when a provider has an onsite program and have no enrollments? We are expected to monitor them for compliance, review their performance, and provide technical assistance even though they aren't utilized? Resolution — If a provider and/or program meets the state requirements for the ETPL, and their business is headquartered in Local Area A, then Local Board A must nominate this provider profile to the CA ETPL. If the provider also has programs located in Local Area A, then Local Board A must review and nominate those programs for inclusion on the ETPL—even if this means the provider would not receive any participants. The Local Area can choose to only use their local ETPL for serving their participants, but the providers on the CA ETPL still should be available for other Local Boards to use. Local Board A would monitor for compliance, review performance, and provide technical assistance. The Local Board can delist the provider if the provider has not served at least one Title I, subtitle B enrollment during the previous two program years. See "Training Provider Continued Eligibility Criteria" for requirements to be reinstated to the ETPL. Comment #108 — Will there be copy and paste functionality added or radio button to add a program to the local ETPL? Resolution — CaIJOBS includes the ability to copy program data and create duplicate programs as needed via the "Duplicate" button in the Education and Training Programs tab. See Attachment 5 for more guidance on how to navigate CaIJOBS. Comment #109 —As written, it appears that providers outside the Local Area must be included on the local ETPL, if there is no specific local criteria. What is the reasoning behind requiring all CA ETPL to be also on the local ETPL? We don't include out -of -area training on our local ETPL, but if a participant requests it, we will consider it on a case -by -case basis. Local Boards should have the autonomy to consider allowing interested participants to attend out -of -area providers on a case -by -case basis. Resolution —A local ETPL is available for Local Boards to require additional criteria (such as location) for providers to meet, in order for them to serve participants using WIOA funds. If no additional requirements are added, then the Local ETPL will mirror the CA ETPL. Comment #110 — Providers and programs may be eligible for the CA ETPL but not on the local ETPL. Are Local Boards required to nominate them, based only on the requirements of the Directive, will now be responsible to manage that provider and programs on the ETPL? Resolution —Yes. If the provider meets the CA ETPL requirements, Local Boards are responsible for nominating providers headquartered in their Local Area to the CA ETPL. They are also responsible for nominating programs located within their Local Area to the ETPL, assuming they meet the CA ETPL requirements. Per TEGL 8-19, page 5, Local Boards can only use CA ETPL requirements when reviewing providers for the CA ETPL. After conducting state Page 21 of 25 eligibility, the Local Board can then review the provider for local eligibility using their Local ETPL-specific requirements. Other Comment #111— Who are the stakeholders involved in developing the CA ETPL policies and procedures? Resolution —The California Workforce Development Board, Local Boards, regulatory agencies, and providers. Comment #112 — Can an enrolled Youth in a Title I Youth program enroll in ITAs on ETPL if they are over 18 or do they need to be enrolled as an Adult? Resolution —An ITA can be used for an Out -of -School Youth ages 16 to 24, Adults, or Dislocated Workers. In -school Youth cannot receive an ITA. Comment #113 — Who is responsible for uploading documents into the provider's profile? Resolution — Both the provider or the ETPL Coordinator have the ability to upload documents. Comment #114— ETPL Coordinatorjob qualifications need to be defined. Currently if an ETPL Coordinator is not the MIS Administrator, they are excluded from invitations to MIS Admin meetings and no alternative provisions are made to train new ETPL Coordinators. Resolution —To ensure Local ETPL Coordinators receive the training and support needed, the EDO will provide quarterly ETPL Coordinator webinars similar to the monthly MIS Administrator call. In addition, Local ETPL Coordinators can contact the State ETPL Coordinator and wsbetpl@edd.ca.gov to request assistance. Comment #115 — Where would providers and/or Local Board staff go for resources on how to navigate the Provider Module in CalJOBS? Resolution — Providers and Local Board staff can access the ETPL Guide Card, which is attachment 5 of this Directive. Local Board staff can also access the Provider Services User Guide located in the Staff Online Resources menu of CalJOBS. Comment #116 —The "CRS" designation is confusing to both providers and staff as it is not spelled out or explained anywhere. Can this be removed if it is no longer relevant? Resolution —The state is currently working with the vendor to improve the ETPL module and make it more streamlined, and will look into removing the CRS designation. Comment #117— What staff privileges are associated to changing the Local Board responsible for the provider on page 58 of the ETPL Guide Card? Resolution —This is available to any staff with an ETPL Coordinator account. Out -of -State Providers Comment #118 — Can out-of-state providers have training paid for through an ITA? Page 22 of 25 Resolution —All training providers, other than Distance Education training providers, that have training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot utilize an ITA with out-of-state training providers unless leveraging an approved ETPL reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more information on the use of approved agreements. Comment #119—Can WIOA funds be used for out-of-state provider training, as long as the provider is on the ETPL in the state where their headquarters is located? Resolution —All training providers, other than Distance Education training providers, that have training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot utilize an ITA with out-of-state training providers unless leveraging an approved ETPL reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more information on the use of approved agreements. Comment #120— When Local Boards contract with an out-of-state provider, how is EEO monitoring conducted? What about going through a formal procurement process? Resolution —To align with 20 CFR 680.320, the directive has been updated to remove the ability for Local Boards to contract with a provider listed on another state's ETPL. All training providers, other than Distance Education training providers, that have training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot utilize an ITA with out- of-state training providers unless leveraging an approved ETPL reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more information on the use of approved agreements. Pre -apprenticeships Comment #121— Do pre -apprenticeships need to meet placement? In the last Directive, this was spelled out. Resolution — Yes, the pre -apprenticeship programs that are on the ETPL need to meet the same standards as the other postsecondary programs. Comment #122 —Suggestion to change pre -apprenticeship language to read: must provide training that "leads" to an industry -recognized credential or certificate. Resolution — No changes were made to the directive as a result of this comment. Comment #123 — Can the state please elaborate on what Local Boards must require of pre - apprenticeship training in the building and construction trades, especially those related to Multi -Craft Core Curriculum (MC3)? Resolution — If WIOA funds are being used to send participants to a construction pre - apprenticeship, the state and Local Boards must ensure the pre -apprenticeships follow Multi - Craft Core Curriculum (MC3) standards. Comment #124—If pre -apprenticeships are not required to be on the ETPL, is their inclusion solely to use ITAs if it does lead to a credential? What does listed on ETPL and used in Page 23 of 25 conjunction with an ITA mean? I thought ITAs and ETPL went hand in hand. Is it possible to get a link to MC3 in the policy? If a pre -apprenticeship is listed on ETPL must it be connected with a Registered Apprenticeship Program? Resolution — Pre -apprenticeships are considered an individualized career service, and are not required to be on the ETPL. However, if a Local Area wants to utilize an ITA, the program must meet the requirements to be listed on the ETPL. The pre -apprenticeship must meet the definition of occupational skills training and award an industry -recognized credential. If it does not meet these requirements, it cannot be on the ETPL. In order to be eligible for the ETPL, pre -apprenticeships must have a Letter of Commitment from a DOL or DIR DAS apprenticeship. The last paragraph on page 8 states that Local Boards should prefer pre -apprenticeships that are partnered with DIR DAS Approved apprenticeships. Here (PDF) are some resources for understanding Multi -Craft Core Curriculum. Third Party Comment #125 — Isn't this third party subcontracting requirement applicable only to public colleges and universities? Resolution —This applies to both public and private provides accredited by WASC. Comment #126— Why are only WASC-accredited institutions limited from providing courses via a third party if they participated in development of the curriculum and ensure responsibility for the curriculum by issuing the related credential? Resolution — WASC providers do not have their third party courses reviewed during accreditation. To protect WIOA funds, third party vendors that directly receive tuition fees are not allowed to provide training unless the third party vendor provider and program is on the ETPL. Comment #127 — Can an accredited training provider sub -contract to another training provider, as long as that training provider is accredited by WASC? Resolution — If the subcontracted training provider is directly receiving payment, they must be listed as their own provider on the ETPL. Comment #128— How do we determine which Local Board conducted continued eligibility for the provider? Resolution —The review record in CaIJOBS will show which Local Board completed the review. Worker's Comp/Supplemental Job Displacement Benefit (SJDB) Comment #129 — Has this passage about removing Workers Comp providers been discussed with the agencies that currently use the ETPL (e.g. Worker's Comp, VA, DOR)? We have frequent requests from these agencies to verify and list their providers. Resolution —Yes, the state has discussed this language with other agencies. Comment #130 — ETPL Coordinators get a lot of calls for people looking for worker's comp voucher training. It seems that the worker's comp customers have to guess what to do, and Page 24 of 25 while this clarification in the Directive will give ETPL Coordinators a ready-made response as to why ETPL Coordinators can't assist worker's comp customers, it still leaves worker's comp customers with questions. Resolution —The DIR handles the administration of the Worker's Comp program, which includes informing those in the program of where they can use their voucher. State law requires that vouchers only be used for public schools or providers on the ETPL. Local Boards that receive questions from voucher holders should direct them to their employer, Claims Administrator, or the Department of Industrial Relations. Comment #131— What are some resources that Local Board staff can use for Worker's Compensation questions? Resolution —A few resources regarding Workers' Compensation include the EDD's ETPL webpage, which has a paragraph on Workers' Compensation, and Chapter 8 of the DIR's Handbook on the Workers' Compensation program. Page 25 of 25 ATTACH ENT 8 B : I '• 0 • The Workforce Services Directive ETPL Policy and Procedures (WSD21-03) dated November 10, 2021 was revised with the following changes: Errata #1— On February 22, 2023, the following changes were made to the Directive: • Directive, Page 1 and Attachment 7, page 1 — Corrected the number of comments received from 135 to 131. • Directive, Pages 1-2 — Made updates to the References section, including: updated format to be in alignment with department guidance, added ETPL Reciprocal Agreements (WSD22-08), and replaced Performance Guidance (WSD19-03) with Performance Guidance (WSD22-01). • Directive, Page 4 and 5, and Attachment 1, page 7, 13, 15, and 21— Due to removal of Attachment 5, removed CaIJOBS ETPL Module Guide Card from list of attachments, changed references to "Attachment 5" to "located on the Staff Online Resources page in CaIJOBS," and updated references to Attachments 6 and 7 appropriately. • Directive Page 4 and 5 —Added Errata Chronology. • Attachment 1, page 7, Attachment 5, Page 1, and Attachment 7, page 13 and 23 —Added language regarding the allowable use of an approved ETPL reciprocal agreement for Out - of -State Training Providers. • Attachment 1, page 9 and 10, Attachment 5, page 5 and 6, and Attachment 7, page 2 — In alignment with the commission's update, change the abbreviation for the Western Association of Senior College and University Commission from "WASC SCUC" to "WSCUC". • Attachment 1, page 10 and Attachment 4, page 1— Added sentence clarifying that the CA ETP Assurances Form (Attachment 4) is uploaded annually into the Documents section of the provider profile, prior to the provider's eligibility review. • Attachment 1, page 11 and Attachment 5, page 8 — Removed requirement for WSCUC providers to have their training program, location, and mode of delivery approved. • Attachment 4, page 2 — In the table, edited "ETPL Provider Number" to "ETPL Provider Name" and "ETPL Program Number" to "ETPL Program Name." • Attachment 5, page 1 — Simplified text from "Is the Training Provider headquartered and/or has at least one physical training site in CA?" to "Does the Training Provider have at least one physical training site in CAT' • Attachment 5, page 4 and 7 — Changed text from "Does the program offer occupational skills training that results in an industry -recognized credential?" to "Training Program leads to employment in a specific occupation or an industry recognized postsecondary credential?" Page 1 of 1 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. Roadmaster Drivers School of Fontana, Inc. Commercial Truck Driver Training Grantee/Contractor Organization Program Title By: as President Signature Bradley A. Ball 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. 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) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. 05/09/2023 Date By: as President _ t<� J Program Operator Signature EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Bradley A. Ball, President Name of Contractor: Roadmaster Drivers School of Fontana. Inc. Contract Number: Date: May 9, 2023 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): 10251 Calabash Avenue Fontana, CA 92335 Address EXHIBIT E Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Roadmaster Drivers School of Fontana. Inc. Grantee/Contractor Organization Name and —Title of Official Authorized to Certify On Behalf of the Grantee May 9, 2023 Date EXHIBIT F INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification Is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT F Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. Please initial each box indicating you have read and are providing assurance you are or will be in compliance with the following.• 40 SAWDB uses the Ca1JOBs ETPL Module for accepting applications from the providers to be listed on the ETPL. Local boards may authorize a single local board to act on their behalf in making determinations for initial and/or subsequent eligibility of providers. Contractors must enter program(s) of training services into CaIJOBS. The training provider should only enter the program(s) desired to be on the CA ETPL. If the program is offered with multiple modes of delivery, or course lengths, the program must be entered separately for each variation. 10 SAWDB has authorized the South Bay WDB to make initial and subsequent eligibility determinations for applications submitted from providers. Contractors should contact the South Bay WDB 11539 Hawthorne Blvd., 51 Floor, Hawthorne, CA 90250, 310-970-7700. CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and SAWDB agreement. In cases where South Bay WDB has denied a provider's application, provider may submit the application to SAWDB for consideration and processing at 801 W. Civic Center Dr. 9200, Santa Ana, CA 92701 ATTN: SAWDB Staff. The submission must include completed ETPL training program applications and a copy of the letter from the South Bay WDB denying application. Local boards may establish local policies requiring performance above the state minimum standards for providers to be included on the ETPL. OrAcceptance and processing of an application does not constitute an agreement or relationship between the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB. Applications will be process on an ongoing basis. CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure WSD15-07 or it's replacement. �jlPJ CONTRACTORS must also meet one of the following criteria in order to have their programs listed on the ETPL: 1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of Exemption by BPPE. EXHIBIT G 2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC, or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other WASC accredited institutions. This accreditation can be verified at: www.accic.ore/ or www.wascsenior.ore/. 3) Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and offering programs leading toward an associate degree, baccalaureate degree, or certificate. 4) Approval by the California Department of Education. 5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO). CONTRACTOR must reapply to be considered for subsequent approval on the ETPL and agrees to provide the required performance and cost information data. 00 CONTRACTOR must annually meet the state's minimum performance standards, however the SAWDB may set higher levels. Public Postsecondary Community Colleges, CSUs, and UCs are required to provide performance information for consideration of placement on the CA ETPL, but due to heavy state oversight, investment, and the inability to capture true program outcome data, these institution types are not required to meet a specific performance threshold to be listed on the CA ETPL. CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the Performance Fact Sheet) to document their achievement of the performance criteria if applicable. ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the state, regional or local workforce development boards. All Training on the ETPL must provide training services that lead to an industry -recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. CONTRACTOR understands that all performance data and data submitted on the ETPL must be made available for data verification by the SAWDB or the State EDD office. CONTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL for audit or monitoring purposes by the SAWDB or the State EDD office. Ea CONTRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act must apply and receive a "Verification of Exemption" before being listed on the ETPL. Since it has been determined that any expenditure of public funds, state or federal, that directly benefits a student to be pp student financial assistance, we expect that instances of exemption will be very rare. 6fJJ CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may verity the data that was submitted to BPPE. All new and current CONTRACTOR will be required to be registered in Ca1JOBS' and must have all considered training programs listed with the BPPE match on CalJOBS. All CONTRACTOR are required to enter performance data for each program to be listed on the ETPL and provide evidence to the Local Board that they have met the minimum performance criteria required. Programs that do not include performance data will not be approved for listing on the ETPL. ICMaIl:lrrsi CONTRACTOR must have their current course catalogs on file with the SAWDB. CONTRACTOR agrees to immediately notify (within 10 working da s) 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 WIOA participants who do not meet the CONTRACTOR's entrance requirements, which are to be the same general entrance requirements required of public students, and agrees to submit a written notification to the Santa Ana WORK Center's Case Manager stating the reason(s) for non -acceptance. CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds that might be available to offset the cost to WIOA and to work together with the WIOA client's Case Manager to ensure all other funding sources are investigated and those funds obtained before submitting the Vendor Voucher to the SAWDB for payment. 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 WIOA participant in the course stipulated on the Vendor Voucher and no other. CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that time. 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.). j" CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA) or recognized by DIR/DAS are exempt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as long as 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 WIOA client's Case Manager on a monthly basis. EXHIBIT G CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out of school unless other arrangement are made in writing. CONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended school or the day the school was notified that the WIOA client dropped. Said check to be mailed to the attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701. 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 WIOA 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. (� CONTRACTOR is not currently on any Federal, State of California, or local Debarment list. CONTACTOR will provide records to show that we are fiscally solvent, if needed. CONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone. CONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance if applicable. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. g Complying with Federal and State non-discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. 10 Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) EXHIBIT G Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. 0 Agree to provide all participants with Grievance Procedures. 12'9/ Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) i" Procurement policies and procedures are in place and meet federal guidelines. CONTRACTOR will not: 0 Use WIOA money to assist, promote, or deter union organizing. OFUse funds to employ or train of persons in sectarian activities. Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. 9 Use WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. By: -Z 1�0 ^ ) , Bradley A. Ball, as President 05/09/2023 Signature Title Date EXHIBIT G COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised March 10, 2023 EXHIBIT H able of Contents Information Regarding A. Nondiscrimination and Equal Opportunity Complai 1. Policy Statem 2. Civil Riqhts 4 3. Nondiscrimination laws under WIOA 4 4. How to File Your Complaint 5 B. Criminal II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA 2 EXHIBIT H Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to; • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. EXHIBIT H Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act of 1973 EXHIBIT H Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no 4 73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT H Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub EXHIBIT H recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT H A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant as defined herein 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; EXHIBIT H e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Daniel Durham Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5330 EXHIBIT H b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 EXHIBIT 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. 11 EXHIBIT H D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the W IOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 EXHIBIT H established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level 13 EXHIBIT H If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. 14 EXHIBIT H Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision, The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 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 If (A). 25 EXHIBIT H No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWDA decision should have been issued. Handling of complaints filed at LWDA level arising in connection with WIOA programs operated by LWDAs Informal Resolution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT H w 0 0 O N w 0 0 t 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: Daniel Durham Sr. Personnel Analyst— EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5330 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. 17 EXHIBIT H 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT H 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 T I Hearing Conducted LWDA Decision o Unsatisfactory Decision or No Decisioo State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT H Day Day145 Day 60 Days GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. v] I' IN� IINv FMRI T IL�r1, ICUIV[ rLtAINA V I UKItVAIN I UK AGGKIEVED PERSON —The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual 'joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. 20 EXHIBIT H JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 21 EXHIBIT H AcoRo® CERTIFICATE OF LIABILITY INSURANCE 8/l/2023 DATE IMMIDD/YYYY) 1 5/9/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT PHONE Fax AreEMAIL N Eke AIC No). ADDRESS: kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: ACE American Insurance Company 22667 INSURED ROADMASTERDRIVERS SCHOOL 1461035 OF FONTANA, INC. & INSURERB: StarNetInsuranceCOm an 40045 INSURER C: CAREER PATH TRAINING CORP. 10251 CALABASH AVENUE FONTANA CA 92335 INSURER D: INSURER E : INSURER F : COVERAGES WFRENOI CERTIFICATE NUMBER: 1d17717R RFVIRInN NIIMFI VVVVVVV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AOOL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS p X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FAI OCCUR Y N XSLG47351285 8/1/2022 8/1/2023 EACH OCCURRENCE $ 5,000,000 PREMISES Ea occurrence 8 100,000 MED EXP (Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ 5000000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRC- ❑ JECT LOC GENERAL AGGREGATE _ $ 5000000 GEN'L PRODUCTS - COMPIOP AGG $ 5 000 000 $ OTHER: A AJXANY A AUTOMOBILE LIABILITY AUTO N N XSAH10759560 XSAH1075950A EXCESS AN SIR 8/1/2022 8/I/2022 8/1/2023 8/1/2023 (E...IdeealSINGLELIMIT $ 5000000 BODILY INJURY (Per person) $ XXXXXXX OWNED SCHEDULED ONLY AUTOS gO01LY INJURY (Per accident) $AUTOS XXXXXXX AUTOS ONLY X AUTOS ONLY PROPERTY nDAMAGE $ XXXXXXX FLORIDA PIP $ 10,000 UMBRELLA LIAB OCCUR NOTAPPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $XXXXXXX E%CESS LIAB CLAIMS -MADE _ DED RETENTION$ $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NI NIA N BIVCIWCOI50662 4/1/2023 4/1/2024 X PER OTH- STA UTE E E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE1 $ 1000000 (Mandatory In NH) Ifyes, describe antler DE SCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT 1 $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ACORD 101, Addltlonal Remarks Schedule, maybe attached If more space Is required) CAREER PATH TRAINING CORP. IS INCLUDED AS A NAMED INSURED ON THE POLICIES LISTED ABOVE. THE CITY OF SANTA ANA,ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED AS PER WRITTEN CONTRACT WITH RESPECTS TO THE GENERAL LIABILITY POLICY AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE POLICY, COVERAGE IS PRIMARY AND NON- CONTRIBUTORY. CERTIFICATE OF INSURANCE SHALL PROVIDE THIRTY (30) DAY PRIOR WRITTEN NOTICE OF CANCELLATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 14177378 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGEMENT DIVISION, 4TH FLOOR AUTHORIZED REPRESENTATIV 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 M @ 198BLI015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORO� CERTIFICATE OF LIABILITY INSURANCE 8/1/2023 F7ATE(MMIDDIYYYY) 1 3/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT PHONE FAX Alc N.I. EMAIL ADDRESS- INSURERS AFFORDING COVERAGE NAICIf keasu@lockton.com _INSURER A: ACE American Insurance Company 22667 - -_ INSURED ROADMASTER DRIVERS SCHOOL 1486117 INSURER B: StarNet Insurance Company 40045 INSURER C; OF FONTANA, INC. 10251 CALABASH AVENUE FONTANA CA 92335-5275 INSURER D; INSURER E : INSURER F : COVERAGES WERRN01 CERTIFICATE Nt1MRFR- 17172d01 oclmmnid Mnreoco. "I'll, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBS POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS - MADE OCCUR Y Y XSLC347351285 B/1/2022 8/1/2023 $ 1,000,000 DAMAGETORRENCE PRIM SES En ocrT.uE once $ 100000 MED EXP (Any one person) s 5,000 PERSONAL$ ADV INJURY $ 1000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ jECT D LOC GENERAL AGO REGATE _ $ 2000000 GENT PRODUCTS - COMPlOPAGG $ 2,000 OOO $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT Ea accident $ XXXXxxX ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (per person) $ XXXXXXX BODILY INJURY (Per eccldent) $XXXXXXX PROPERTY DAMAGE Per ac.1d.at $ XXXXXXX $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $XXXXXXX EXCESS GASCLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINANY OFFICEP/MEMBPROPRIET�R EXCLUDEOT ECUTIVEFIN (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA NT BIVUWC0I50662 4/I/2023 4/I/2024 X STATUTE �RH E.L, EACH ACCIDENT Si000.000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1.000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space le required) CAREER PATH TRAINING CORP, IS INCLUDED AS A NAMED INSURED ON THE POLICIES LISTED ABOVE. THE CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON PRIMARY AND NON-CONTRIBUTORY BASIS ON GENERAL LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY WHERE ALLOWED BY LAW, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY, FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER(S) WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER, 17178493 CITY OF SANTA ANA RISK MANAGMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©198BL2015 ACORD reserved, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Barba, Sandy From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Wednesday, May 24, 2023 3:43 PM To: cnelson@lockton.com; Goodson, Audrey; rsalazar@roadmaster.com; Barba, Sandy Subject: Internal Notice of Compliance 0 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Roadmaster Drivers School of Fontana, Inc. Name: Project A-2020-194-07 Number: Project Roadmaster Driving School of Fontana Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION C01 DATE FILE NAME DATE ROADMASTER- GENERAL LIABILITY XSLG47351285 08/01/2023 09/06/2022 CITY OF SANTA ANA.pdf WORKERS COMPENSATION AND EMPLOYERS' ROADMASTER - LIABILITY BNUWC0150662 04/01/2024 03/29/2023 CITY OF SANTA ANA.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/24/2023 6:43 PM 1 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Roadmaster Drivers School of Fontana, Inc. Name: Project A-2023-069-06 Number: Project Agreement For Workforce Training - Roadmaster Drivers School Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE RM FONTANA AUTOMOBILE LIABILITY XSAH1077987A 08/01/2024 10/24/2023 - SANTA ANA.pdf RM FONTANA GENERAL LIABILITY XSLG47351649 08/01/2024 10/24/2023 - SANTA ANA.pdf Roadmaster_PL Waiver Letter PROFESSIONAL LIABILITY WAIVER 10/19/2024 10/25/2023 10.19.2023 (002).pdf ROADMASTER OF FONTANA - WORKERS COMPENSATION AND BNUWC0150662 04/01/2025 03/20/2024 CITY OF EMPLOYERS' LIABILITY SANTA ANA.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 4/11/2024 7:26 PM FATE(MMIDDIYYYY) ACORO° CERTIFICATE OF LIABILITY INSURANCE 4iv2o2s30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONCT PRODUCER LOckton Companies NAME Ca-ic Nelson 444 W.47th Street,Suit 00 • PHONE angie Kansas City M( 6411/ \n ✓✓✓ .cm M-A�° Ext: DiOi c (816)960-9000 ie ADDRESS: cn(.so @loekton keasu@),Iockton.com N U F9WW COVERAGE NAIC# INSURER A:ACE ArywD,1ns1ff%CqNCyn 41J667 INSURED ROADMASTER DR I INSURER B:C faF* s..._. A - 04S 1461035 OF FONTANA,INC. cv O INSURER c _ r r CAREER PATH TRAINING CORP. INSURFr�D: 10251 CALABASH AVENUE INSURER E FONTANA CA 92335 INSURER F: COVERAGES CERTIFICATE NUMBER: 14177378 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY y Y XSLG48915140. 8/1/2024 8/1/2025 EACH OCCURRENCE $ SOOOOOO DAMAGE TCLAIMS-MADE � OCCUR PREM SESOEa occur RENTEence $ 100,000 MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ SOOOOOO POLICY❑ PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y y XSAH10836190.. 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT $ A XSAH10836037 8/1/2024 8/1/2025 Ea accident 5,000,000 A X ANY AUTO EXCESS AN SIR BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident FLORIDA PIP $ 10,000 UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY YIN N BNUWC01 50662 4/l/2024 4/1/2025 'X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ I OOO 000 OFFICER/MEMBER EXCLUDED? FN N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERNI(S)REFERENCED. CAREER PATH TRAINING CORP.IS INCLUDED AS A NAMED INSURED ON THE POLICIES LISTED ABOVE.THE CITY OF SANTA ANA,ITS OFFICERS,EMPLOYEES,AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED ON A NON-CONTRIBUTORY BASIS FOR GENERAL LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT.A WAIVER OF SUBROGATION,IN FAVOR OF THE ADDITIONAL INSURED(S),APPLIES TO GENERAL LIABILITY AND AUTO LTABTLTTY AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW.NOTICE OF CANCELLATION IS 30 DAYS,EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM.SUBJECT TO POLICY TERMS AND CONDITIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 378 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14177 CITY 37 SANTA ANA ACCORDANCE WITH THE POLICY PRC H oR N Riak Management DMsirnt RISK MANAGEMENT DIVISION 4TH FLOOR 20 CIVIC CENTER PLAZA AUTHORIZED REPRIESENTATIVF.. �? REVIEWED&APPROVED BY: SANTA ANA CA 92702 ,®, 4g�eAecv44 dl Al Risk Management Specialist © 9ACORD ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4 NON—CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Werner Enterprises, Inc. 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XS L G48915140 08/01/2024 to 08/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read: All persons or entities added as additional insureds through an endorsement with the term `Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary (subject to satisfaction of the "retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your"retained limit" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. Authorized Representative Rink Management Divisian �?- REVIEWED&APPROVED BY: 4g:e Acevedo ® Risk Management Specialist XS-20288a (05/14) ©Chubb.2016.All rights reserved. 2 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Named Insured Endorsement Number Werner Enterprises, Inc. 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G48915140 08/01/2024 to 08/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Re °"' F Rule Management Divisbrt �?- REVIEWED&APPROVED BY: ® Risk Management Specialist XS-6W25b(04/13) Includes copyrighted material of Insurance Services Office, Inc., with its pe CHUBBg 3 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number Werner Enterprises, Inc. 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G489 5>40 o8/01/2024 to o8/o>/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract,provided such contract was executed prior to the date of loss. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All Other Terms And Conditions Remain Unchanged. Authorized Representative Rink Management DMsim �?- REVIEWED&APPROVED BY: ® Risk Management Specialist XS-6W34a(02/20) 10 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Werner Enterprises, Inc. Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSA H 10836190 08/01/2024 To 08/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto,"Who Is Insured is amended to include as an "insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury" or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative Rick Managanent Divisim �?- REVIEWED&APPROVED BY: A-s-g�e Acevedo ® Risk Management Specialist DA-91LI74c(03/16) F4/9/2025 E(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 8/1/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies,LLC NAME: Carrie Nelson 444 W.47th St.,Ste.900 PHONE FAX Kansas City MO 64112-1906 MAIL° Est ac,No (816)960-9000 ADDRESS: cnelson@lockton.com 1CcaSuClockton.corn INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED ROADMASTER DRIVERS SCHOOL INSURER B:StarNet Insurance Company 40045 1486117 OF FONTANA,INC. INSURER C: 10251 CALABASH AVENUE INSURER D: FONTANA CA 92335-5275 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 17178493 REVISION NUMBER: XXXXXXx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y XSLG48915140. 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 AMAIE CLAIMS-MADE � OCCUR PREM SESOEa oocur ETEante $ 1 OO OOO MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1000 000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea accident XXXXXxx ANY AUTO BODILY INJURY(Per person) $ xxxxxxx OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXxx HIRED NON-OWNED PROPERTY DAMAGE $ XXXXX��X AUTOS ONLY AUTOS ONLY Per accident r s xxxxxxx UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXxxx EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxxx DED I I RETENTION$ $ XXXXXXx WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y BNUWC0150662 4/1/2025 4/1/2026 'Y Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ I OOO 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ I OOO OOO DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. CAREER PATH TRAINING CORP.1S INCLUDED AS A NAMED INSURED ON THE POLICIES LISTED ABOVE.THE CITY OF SANTA ANA,ITS OFFICERS,EMPLOYEES,AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED ON A NON-CONTRIBUTORY BASIS FOR GENERAL LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT.A WAIVER OF SUBROGATION,IN FAVOR OF THE ADDITIONAL INSURED(S),APPLIES TO GENERAL LIABILITY,AUTO LIABILITY,AND WORKERS COMPENSATION,AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW.NOTICE OF CANCELLATION IS 30 DAYS,EXCEPT 10 DAYS FOR NON- PAYMENT OF PREMIUM.SUBJECT TO POLICY TERMS AND CONDITIONS. Tu Tran Digitally signed by Tu Tran Nguyen 30 Nguyen asa301-0 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 8:02 am,Apr 30,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 493 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 17178 CITY 49 SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:AUDREY GOODSON 901 W CIVIC CENTER DR AUTHORIZED REPRESENTATIV SUITE 200 SANTA ANA CA 92701 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: BNUWC0150662 WORN 0313 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule State Description NE Any party with whom the insured agrees to waive subrogation in a written contract. CA Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 04/01/2025 Policy Number:BNUWC0150662 Endorsement No.: 4 Insured Name: Roadmaster Drivers School of Fontana, Inc. Premium: $15,333.00 Insurance Company: StarNet Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. 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Foepstfnfou!Fggfdujwf!Ebuf;!1501203136Foepstfnfou!Op/;!5 Qpmjdz!Ovncfs; COVXD1261773 Jotvsfe!Obnf;Spbenbtufs!Esjwfst!Tdippm!pg!Gpoubob-!Jod/Qsfnjvn;%26-444/11 Jotvsbodf!Dpnqboz;TubsOfu!Jotvsbodf!Dpnqboz Dpvoufstjhofe!cz XD!11!14!24 )Fe/!5.95* ª!2:94!Obujpobm!Dpvodjm!po!Dpnqfotbujpo!Jotvsbodf/ FATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 8/1/202626/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies,LLC CONTACT NAME: Carrie Nelson DBA Lockton Insurance Brokers,LLC in CA PHONE FAX CA license#OF15767 A/C No Ext: A/C,No E-MAIL cnelson LgI lockton.conl 444 W.471h St.,Slc.900 ADDRESS: Kansas City MO 641 12-1906 INSURER(S)AFFORDING COVERAGE NAIC# (816)960-9000 kcasu@lockton.com INSURER A:ACE American Insurance Compariv 22667 INSURED ROADMASTER DRIVERS SCHOOL INSURER B:State Compensation Ins Fund of California 35076 1461035 OF FONTANA,INC.& INSURER C: CAREER PATH TRAINING CORP. INSURER D: 10251 CALABASH AVENUE INSURER E FONTANA CA 92335 INSURER F: COVERAGES CERTIFICATE NUMBER: 14177378 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYW W MMIDD/ YY A X COMMERCIAL GENERAL LIABILITY Y Y XSLG49353558. 8/1/2025 8/1/2026 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT y y XSAH11429014 8/1/2025 8/1/2026 Ea accident $ 5,000,000 `A ANY AUTO EXCESS A90 I 8/1/2025 8/1/2026 BODILY INJURY Per person) $ A X EXCESS AN SIR ( p ) XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX Xr HIRED Xr NON-OWNED PROPERTY DAMAGE $ XrXrXrXr�rXr�r AUTOS ONLY AUTOS ONLY Per accident FLORIDA PIP $ 10,000 UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY YIN Y 9398374-2026 4/1/2026 4/1/2027 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CAREER PATH TRAINING CORP.IS INCLUDED AS A NAMED INSURED ON THE POLICIES LISTED ABOVE.THE CITY OF SANTA ANA,ITS OFFICERS,EMPLOYEES,AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED ON A NON-CONTRIBUTORY BASIS FOR GENERAL LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT.A WAIVER OF SUBROGATION,IN FAVOR OF THE ADDITIONAL INSURED(S),APPLIES TO GENERAL LIABILITY,AUTO LIABILITY,AND WORKERS COMPENSATION,,AS REQUIRED BY WRITTEN CONTRACT,AND WHERE,ALLOWED BY LAW.NOTICE OF CANCELLATION IS 30 DAYS,EXCEPT 10 DAYS FOR NON- PAYMENT OF PREMIUM.SUBJECT TO POLICY TERMS AND CONDITIONS. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 7:08 am,Apr 23,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 14177378 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY 37 SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:AUDREY GOODSON 801 W CIVIC CENTER DR AUTHORIZED REPRESENTATIVE SUITE 200 / SANTA ANA CA 92701 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD STATE Endorsement Agreement Waiver of Subrogation FUND Blanket Basis 9398374-2026 Home Office New San Francisco SC All Effective Dates are 5-70-51-82 at 12:01 AM Pacific Page 1 of 1 Standard Time or the Time Indicated at Effective April 1, 2026 at 12:01 AM Pacific Standard Time and Expiring April 1, 2027 at 12:01 AM ROADMASTER DRIVERS SCHOOL OF FONTAN 10251 CALABASH AVE FONTANA, CA 92335 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2.00% of the total policy premium. Schedule Person or Organization Job Description Any person or organization for whom the Blanket Waiver of Subrogation named Insured has agreed by written contract to furnish this waiver Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements,or limitations of this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary,alter,waive or limit the terms, conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco April 7, 2026 2572 Authorized Representative President and CEO SF—END Rev.2/2025 OLD DP 217